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(영문) 대전고등법원 2014.12.19 2013나6252
경업금지 등
Text

1. According to the addition and expansion of the purport of the claim in the Plaintiff’s trial, the judgment of the first instance court is modified as follows.

Reasons

1. Basic facts

A. Defendant’s “L” restaurant business 1) Defendant and his husband E (hereinafter “Defendant’s side”).

(2) On August 201, 201, the Defendant leased the above restaurant building from G, which owned and operated a mushroom restaurant on the first floor of the building in Seo-gu, Daejeon, Seo-gu, Daejeon, and the Defendant paid approximately KRW 19 million to G as the purchase price for the restaurant facility facility. (2) The Defendant reported the business succession in the above restaurant’s trade name and the name of Defendant B and H “H”, but the above restaurant’s outer wall puts an outdoor signboard (L No. 5-1) and carried on the business listed in attached Table No. 2 (hereinafter “instant business”).

(A) The Defendant changed the name of the proprietor of the instant restaurant and the representative of the business registration from February 2, 2012 to C, the following: (a) the Defendant changed the name of the proprietor of the instant restaurant and the representative of the business registration.

B. The Plaintiff’s acquisition of the instant restaurant 1) operated the restaurant in the name of “I” in the Daejeon Seo-gu, Daejeon. On January 29, 2013, the Plaintiff: (a) from G to K’s brokerage of the representative of the J Licensed Real Estate Agent Office located in the said FF, the part of the instant restaurant building was leased KRW 20 million per month; (b) from February 16, 2013 to February 15, 2015; and (c) prepared a facility acquisition contract stating the following contents with E as to the instant restaurant (the Plaintiff first presented KRW 27 million to E as the acquisition price; and (d) E additionally demanded KRW 500,000,000,000,0000,000 won; and (e) paid KRW 275,750,000,000,000,000,000 won;

hereinafter referred to as “instant contract”).

2) by agreement between the lessor’s agent and the lessee on the cost of the installation, determine the installation amounting to KRW 27,500,000 (the items of the installation: telephone number, the hond, television, air conditioners, and the collection of the equipment;

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