The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 2018, the Defendant: (a) leased Seocheon-si C Building D (hereinafter “instant store”); and (b) carried on entertainment tavern business under the trade name “E” at the instant store.

B. On September 27, 2019, the Plaintiff concluded a “real estate sales contract” (hereinafter “instant sales contract”) with the Defendant, as indicated in the attached Table.

The purchase price pursuant to the instant sales contract is KRW 130,00,000 (the KRW 110,000,000 for premiums). On October 11, 2019, the Plaintiff paid KRW 110,000,000 for the Defendant as premiums, and succeeded to the whole of the interior, facilities and fixtures of the instant store. On the same day, the lease deposit was KRW 20,000 for the instant store’s owner, and the rent was KRW 20,50,000 for the instant store, and KRW 20,000 for the said store was delivered after paying KRW 20,000 for the lease deposit.

In addition, the Plaintiff changed the business license holder of the said “E” to the Plaintiff on the same day due to the implementation of the instant sales contract, and thereafter operated the “E” at the instant store.

C. Meanwhile, on October 2019, the Defendant, among the instant stores, engaged in an entertainment drinking house business with the trade name “I” from approximately 1.5 km G from the 2nd H of Seocheon-si G (hereinafter “nive shop”) located in Seocheon-si, 2019.

[Ground of recognition] The evidence Nos. 1 through 12, Eul evidence Nos. 2, Eul evidence Nos. 7 through 10 (including each number), and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion is a contract with the purport of transferring the entire business of the above “E” and constitutes a transfer of business as stipulated in Article 41 of the Commercial Act. The Defendant runs an entertainment tavern business under the trade name of “I” at a nearby store immediately after the instant sales contract was concluded, and is prohibited from running the business by a transferor of business as stipulated in Article 41(1) of the Commercial Act.