1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant: (a) operated the beauty art room business in the trade name of “F” (hereinafter “cosmetic”); (b) around May 2, 2014, the Defendant received eight million won from the Plaintiff and transferred the facilities of the beauty art room to the Plaintiff.

On May 7, 2014, the Plaintiff newly concluded a lease contract with D and the cosmetic shop of this case with a deposit of 20 million won and monthly rent of 800,000, and continues to use the trade name “F” in the cosmetic of this case until now.

B. From June 13, 2014, around one month after the date the Defendant moved to the Plaintiff, the Defendant commenced the business of beauty art rooms in large chain C, 101, and 102, the name of “G”, which is neighboring the beauty art room of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the transfer of the beauty art room constitutes business transfer under the Commercial Act, and the Defendant is obligated to prohibit competitive business that is prohibited from being engaged in the same kind of business in the Special Metropolitan City, Metropolitan City, Si, or Gun, which is the same for ten years as the location of the beauty art room in the case.

Even if the relocation of the beauty room does not constitute a business transfer under the Commercial Act, the defendant agreed not to engage in competitive business verbally.

However, as the Defendant violated the duty of prohibition of the above competitive business, the Defendant is obligated to provide the Plaintiff with the money calculated by applying the ratio of 100,000 won per day of the violation to the indirect compulsory performance, and the Plaintiff is obligated to pay for the damages incurred to the Plaintiff as compensation for the damages incurred to the Plaintiff (i.e., the amount equivalent to the Plaintiff’s daily operating income between the three months prior to the filing of the instant lawsuit) and the delay damages.

B. The defendant's assertion that the beauty art room of this case is transferred.