1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for the court's explanation concerning this case are to delete paragraph (2) of the judgment of the court of first instance, thereby changing paragraphs 3 and 4 to paragraphs 2 and 3, respectively, and the same as that of the judgment of the court of first instance except where the following judgments are added in the court of first instance, thereby citing them as they are in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As examined in the above cited parts, it is difficult to view that the business transfer contract under the Commercial Act was concluded between the Defendant and E, and I (hereinafter “Lessor”), and even if so, the Defendant directly mediated the lease of the instant store from the lessor.

In the process, the fact that the Plaintiff paid the premium to a lessor in the process, and furthermore, even if the Defendant was aware that the goods delivered to the lessor and the customer information, upon the termination of the lease agreement with the lessor, are handed over to the Plaintiff as they are, such circumstance alone is difficult to deem that the Defendant bears the duty of prohibition of competitive business in accordance with the good faith principle against the Plaintiff. Therefore, the Plaintiff’s assertion in the pending trial on the grounds of the claim in this case

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.