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(영문) 부산고등법원 2009. 6. 19.자 2008라245 결정
[경업금지가처분][미간행]
Creditor, Appellant

Claimant (Attorney Lee Dong-gu, Counsel for plaintiff-appellant)

Obligor, Other Party

[Defendant-Appellant] Plaintiff (Attorney Kim Yong-tae, Counsel for defendant-appellant)

The first instance decision

Changwon District Court Order 2008Kahap68 dated June 23, 2008

Text

1. The creditor's appeal is dismissed;

2. Costs of appeal shall be borne by the creditor.

Purport of request and appeal

The decision of the first instance shall be revoked. The debtor shall not directly conduct or have a third party conduct the beauty room business in the cosmetic-si, neighboring Si/Gun, and building listed in the attached list. If the debtor violates the above order and allows the third party to conduct the beauty room business, he/she shall pay 30,000 won per day from January 18, 2008 to the closure of the place of business to the creditor.

Reasons

1. cite the decision of the court of first instance;

The reasoning for this Court’s explanation is the same as the first instance court’s decision, and thus, this Court cites it in accordance with Article 203-3(1) of the Civil Execution Rule.

2. Conclusion

Therefore, the decision of the first instance court is legitimate, and it is so decided as per Disposition by the creditor's appeal.

[Attachment Form 5]

Judge Han-chul (Presiding Judge)

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