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1. Defendant B’s KRW 29,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 9, 2019 to September 17, 2020, and September 20, 202.
Reasons
1. Basic facts
A. The Defendants, among the buildings listed in the attached Table 1 list, operated the PC room (hereinafter “instant PC room”) with the trade name of “D” by leasing the 298.53 square meters of the land floor among the buildings listed in the attached Table 1 list.
B. On December 11, 2018, the Plaintiff entered into a contract with the Defendants to acquire the instant PC from KRW 285,000,000 for premium (hereinafter “instant contract”). The Plaintiff paid the Defendants KRW 29,00,000 as down payment. The main contents of the instant contract are as follows.
(A) Under the contract, “Lessee” refers to the Defendants, and “new lessee” refers to the Plaintiff.
Under the instant contract, the Plaintiff paid the Defendants the intermediate payment of KRW 114,00,000 on December 13, 2018, and KRW 142,00,000 on January 10, 2019, respectively, and began to operate the instant PC from around that time.
However, around January 9, 2019, from the instant PC to the second floor of the Songpa-gu Seoul E building located at a distance of 600 to 700 meters, the PC bank (hereinafter “F”) started operating its business after opening its business. The F’s name in its business registration was the joint name G and Defendant B.
E. Accordingly, on March 2019, the Plaintiff asserted as to Defendant B’s competitive business activity to Defendant B, a store store brokered for the instant contract, and thereafter, on March 26, 2019, F’s business operator was changed to G’s sole name.
F. In addition, on March 28, 2019, the Plaintiff filed an application against the Defendants for provisional disposition seeking prohibition of competition with Seoul Eastern District Court 2019Kahap1018, and on April 23, 2019, the said court rendered a decision that “Defendant B shall not directly conduct or have a third party conduct the business of providing Internet computer game facilities and resting restaurant business (PC room business) in a place within a radius of 2 km based on the location of the instant PC, and shall not lease or transfer the said PC room business to a third party. The Plaintiff’s remaining applications against Defendant B and the application against Defendant C are dismissed.”