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(영문) 광주지방법원 2019.07.19 2018가합53066
경업금지 등 청구의소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Since April 23, 2012, the Defendant registered his/her business with the trade name “D”, the Defendant was engaged in the semi-consigning delivery business on the first floor of the Seo-gu Incheon District Building (hereinafter “E store”).

B. On May 2015, Plaintiff A acquired the right to lease (a lease deposit of KRW 25,00,000) for physical facilities, such as vehicle for delivery of E stores, various parcels of houses in E stores, and E stores (a lease deposit of KRW 25,00,000) from the Defendant (hereinafter “instant first transfer contract”) and paid the said payment in full to the Defendant, and registered the business with the name “F” from August 26, 2015.

C. From September 10, 2015, the Defendant registered his/her business with the trade name “G”, and thereafter engaged in restaurant business on the first floor of the H-based building in Gwangju Mine-gu (hereinafter “H store”). On September 22, 2015, the Defendant filed a report on business closure with respect to the Defendant’s “D” business registration.

Plaintiff

B around April 2017, around 2017, the Defendant acquired the right to lease (a lease deposit of KRW 30,000,000) with respect to physical facilities, such as the vehicle for delivery of H stores, various collections in the store, and H stores (a lease deposit of KRW 30,000,000) from the Defendant (hereinafter “instant transfer contract”) and the Defendant paid the full payment of the said payment to the Defendant, and the Defendant carried out the business of delivering “I” in the name of “I” from April 25, 2017, and the Defendant filed a report on the closure of business registration under the Defendant’s name on May 20, 2017.

E. Since September 6, 2017, the Defendant registered the business with the trade name of “J”, the Defendant engaged in restaurant business on the first floor of K, L, and M-ground buildings in Gwangju Mine-gu (hereinafter “Ndong store”) and reported the closure of business on August 1, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 11, Eul evidence Nos. 1, 4, 7, 8-1 through 3, 22, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Plaintiff A’s transfer contract constitutes a transfer of business under the Commercial Act.

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