1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment by the court concerning this part of the basic facts is that of the judgment of the court of first instance, “1. Basic facts” is the same as that of the judgment of the court of first instance, and thus, it shall be accepted by the main text

2. The transfer of the Plaintiff’s assertion cosmetic constitutes a transfer of business under the Commercial Act, and the Defendants are obliged to prohibit competitive business in the Seoul Special Metropolitan City where the cosmetic exists under Article 41(1) of the Commercial Act.

Nevertheless, the Defendants operate the beauty room at a place less than approximately 390 meters away from the beauty room of this case on the ground of a third party’s name. Thus, the Defendants are not obliged to operate the beauty room until October 31, 2024, when ten years have elapsed from October 31, 2014, the date of business transfer of the beauty room of this case in Seoul Special Metropolitan City. ② The Defendants are obliged to pay KRW 7 million in total, including the Plaintiff’s business loss of KRW 57 million due to breach of the duty to prohibit competitive business as above.

3. The key issue of the instant case is whether the transfer of the cosmetic constitutes a business transfer under the Commercial Act, which bears the duty of prohibition of competitive business. As such, this issue is examined.

A. The relevant legal doctrine refers to a functional property as an organic integration organized for a certain business purpose, and the functional property as an organic integration here refers to a functional property as an organic integration means that the facts with tangible and intangible properties and economic values, which form a business, function as a source of profit, function as a source of profit, and that the functional property as a source of profit that systematically combines as such, becomes an object of transaction, such as one goods.

The transfer of business under the Commercial Act refers to the transfer of a company organized for a certain business purpose, i.e., the human and material organization as a whole while maintaining its identity, and whether the transfer of business is made or not, shall be limited to any business property.