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1. The defendant's decision on the defendant's provisional injunction against the plaintiff in Gwangju District Court Decision 2013Kahap254 was rendered.
Reasons
1. Facts of recognition;
A. The Plaintiff leased a store located in Yong-nam Cancer-gun C and operated the head office (hereinafter “instant head office”) with the trade name “D.”
B. The Defendant’s foregoing May 21, 2012
After the lease of the store indicated in the port, the Plaintiff paid KRW 27,00,000 to the Plaintiff, and acquired the entirety of the instant house, including the trade name, signboards, kitchen facilities, and fixtures used by the Plaintiff. From July 24, 2012, the instant house is operated as it is without changing the trade name, signboards, and interior structures and facilities inside the door, and until the date of closing argument.
C. However, from January 18, 2013 to E, the Plaintiff operated a kn’s house with the trade name “G” from a store located in Yong-nam Cancer-gun F (hereinafter “instant store”). D.
Accordingly, on August 30, 2013, the Defendant filed an application against the Plaintiff for a provisional disposition against the Plaintiff, asserting that “the Plaintiff’s transfer of the instant head office to the Defendant and then the operation of the head office, a same kind of business, violates the duty of prohibition of competition under Article 41(1) of the Commercial Act,” thereby filing an application for a provisional disposition of prohibition of competition with the Gwangju District Court Branch Branching 2013Kahap2544. On November 15, 2013, the said court partially accepted the Defendant’s application, and rendered a provisional disposition (hereinafter “the instant provisional disposition order”) with the following content, and the obligor (the Plaintiff) of the instant provisional disposition 1.
(a) in the area of Jeonnam-gun, Youngnam-gun, for a period of ten years from July 24, 2012, and
B. He may not carry on the business of Kinp book at the store of this case.
2. (Omission)
3. If the debtor (the plaintiff) violates the above order, he shall pay to the creditor (the defendant) 500,000 won per day of the violation day.
(Post) The text of the Decision was served on November 22, 2013 on the Plaintiff.
E. On June 18, 2014, the Plaintiff closed down “G” in accordance with the instant provisional disposition order, and “I” at the instant store.