(영문) 서울서부지방법원 2019.03.27 2018가합37581

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(영문) 서울서부지방법원 2019.03.27 2018가합37581

경업금지등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a person who has operated a business in the name of Seoul Mapo-gu building and a “F cafeteria” on the first floor (hereinafter “instant cafeteria”).

B. On February 21, 2017, the Plaintiff and the Defendant concluded a contract with respect to the instant restaurant (hereinafter “instant contract”).

A lessee of a premium contract for lease of a commercial building and a person who intends to become a new lessee (the plaintiff) shall enter into a premium contract as follows:

Article 1 (Payment of Premiums) of the Terms and Conditions of Contract) The plaintiff shall pay premiums to the defendant as follows:

A total premium of KRW 45 million shall be paid KRW 20 million in KRW 25 million in March 13, 2017.

Article 2 (Duties of Lessee) (3) The defendant shall transfer the value of tangible and intangible property in return for the premium until the plaintiff pays any balance:

It shall comprehensively transfer the business rights of tangible intangible property value of property-value business facilities and equipment.

Matters of special agreement

1. A contract for transfer or acquisition at the present facility, the certificate of registered matters is confirmed, and the contract is concluded; 3. The inventory of food materials shall be paid to a seller in cash after both parties confirm the balance date;

C. According to the instant contract, the Plaintiff paid KRW 45 million to the Defendant. On February 23, 2017, the Plaintiff concluded a lease agreement with H on the instant restaurant in the name of G, which is the Plaintiff’s wife, and completed business registration from March 13, 2017 to “I” and “G” and operated the instant restaurant.

On May 2017, the Defendant opened the instant restaurant and approximately 350 meters away from the Seoul Mapo-gu Seoul building and the first floor to the “D” restaurant (hereinafter referred to as the “D restaurant”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 through 5 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion is against the defendant pursuant to the contract of this case.

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