1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. While the Defendant operated the beauty art room in the trade name “F” (hereinafter “the cosmetic”) of the building 115 dong-gu E, Ulsan-gu, 115 101, the Defendant advertised that the cosmetic will transfer the cosmetic to the daily life information newspaper as follows.

E The 10,000,000 won, monthly rent of 3,50,000 won, and 22,000,000 won (the large number of the active population of other types of business that can be adjusted at the maximum location) of 1 cosmetic 23.14 square meters;

B. On July 17, 2014, the Plaintiff acquired the beauty art room of this case from the Defendant, and paid KRW 20 million to the Defendant. On August 13, 2014, the Plaintiff concluded a lease agreement with the lessor and the beauty art room of this case with KRW 10 million, monthly rent of KRW 350,000, and the lease agreement with the Defendant for KRW 36 months.

C. The Defendant is running business from August 21, 2014 at the beauty art room of this case, and the trade name and signboards of beauty art rooms were changed to H.

Since November 1, 2014, the Defendant opened and operated an beauty art room with the trade name “D” from around 300 meters away from the instant beauty art room to around 300 meters.

2. The Plaintiff’s assertion constitutes the business transfer under Article 41 of the Commercial Act, since the Plaintiff acquired all of the beauty parlors business from the Defendant.

Even if the business transfer is not a business transfer under the Commercial Act, it should be deemed that there was an implied agreement between the Plaintiff and the Defendant to prohibit the light business in the vicinity of the beauty art room of this case by paying the Defendant the price exceeding 20 million won much of the expenses for the collection, equipment, and interior of the beauty art room.

Therefore, the defendant shall not run the beauty room business until August 13, 2024 in Ulsan Metropolitan City area, and shall discontinue the business of the above "D", and the defendant shall pay the consolation money for mental distress suffered by the plaintiff due to the defendant's violation of the duty not to engage in the competitive business, and shall pay damages for delay of 5,00,000 won and damages for delay.

3. Determination

(a) Business transfer under the Commercial Act;