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(영문) 의정부지방법원고양지원 2020.10.23 2020가합70505
영업금지 등 청구의 소
Text

The defendant shall not conduct beauty room business until January 10, 2029 in the Goyang-gu area of Goyang-gu.

The defendant.

Reasons

1. Basic facts

A. The Defendant leased No. 1 of “H building” located in Seongdong-gu, Gyeyang-gu, Gyeyang-gu, and operated the beauty art room (hereinafter “instant cosmetic”) with the trade name of “J store”.

B. On January 11, 2019, the Plaintiff entered into a business transfer agreement with the Defendant on the premium of KRW 35,000,000 with respect to the first beauty practice of this case. The Plaintiff paid the said premium to the Defendant by January 15, 2019, and completed the business registration regarding the said beauty practice after completing the business registration. On January 19, 2019, the Plaintiff was transferred the facilities and equipment of the said beauty practice from the Defendant to the present day.

C. On April 7, 2019, the Plaintiff entered into a contract with the Defendant and April 6, 2020 to contract all business related to cosmetic surgery with the Plaintiff’s customers and pay 40% of the monthly performance as commission (hereinafter “instant contract”); “the Defendant shall not divulge any confidential business information he/she becomes aware of through a contract with the Plaintiff”; “the Defendant shall not divulge any confidential business information that comes to his/her knowledge through the contract with the Plaintiff;” “The issue of honoring the Plaintiff, leakage of customer information, utilization of customer information, etc. shall be responsible after the termination of the contract” (Article 14 subparag. 1 and 4 of the said contract); and the Defendant, by July 10, 2019, pursuant to the said contract, performed cosmetic surgery, etc. that was contracted by the Plaintiff from the Plaintiff at the 1 beauty room of this case by July 10, 2019.

On August 20, 2019, the Defendant reported the business of operating approximately approximately 2.5 km from the 1 beauty room of this case to the name of "F", and operated the above trade name beauty room at the above store around September 2, 2019 (hereinafter "the second beauty room of this case").

E. On January 15, 2020, K reported the succession to the status of the proprietor to the cosmetic 2 beauty room of this case to the Goyang-si head of Goyang-si and completed the business registration by changing the trade name into E.

Accordingly, the store of this case is above.

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