1. Of the judgment of the court of first instance, paragraphs 1 and 2 of the judgment are modified as follows.

1. By October 25, 2021, the defendant shall set the time limit for the Government.

1. Facts of recognition;

A. On June 22, 2009, the Defendant opened food restaurants with mutual name “G” (hereinafter “instant restaurants”) from “G” in “G” at the Government-si, and sold the food and alcoholic beverages indicated in attached Form 1 “C”.

B. On October 26, 2011, the Plaintiff entered into a contract with the Defendant to acquire KRW 60,000,000, including the facilities, equipment, etc. regarding the instant restaurant (hereinafter “instant transfer contract”), and registered as a retail business on November 1 of the same year. After paying the said money to the Defendant, the Plaintiff is running in the instant restaurant without changing the name, signboard, equipment, etc. used by the Defendant.

C. The Defendant, on October 31, 201, after transferring the instant restaurant to the Plaintiff, filed a report on the closure of business on October 31, 201, but around August 6, 2013, “E” in the instant restaurant D around approximately 81m away from the instant restaurant, opened a new food restaurant in its trade name, and is engaged in the business of selling food and alcoholic beverages with the attached Form 2 “M New” sign and alcoholic beverages up to the date.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 2 and 3 (including all types of numbers), video, and the purport of the whole pleadings

2. Determination

A. The argument of the parties is as follows: (a) the Plaintiff: (a) the Defendant transferred the instant restaurant business to the Plaintiff through the instant transfer contract; (b) the Plaintiff, despite the obligation to not engage in a competitive business against the Plaintiff pursuant to Article 41(1) of the Commercial Act, sells food and alcoholic beverages of the same kind as the Plaintiff’s food and alcoholic beverages handled by the Plaintiff in the name of “E,” which is “E,” and thus, (c) the Defendant violated the obligation to not engage in the competitive business; and (d) the Defendant was from October 26, 201 to October 26, 2011.