1. The plaintiff's claim is dismissed.

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

1. On April 6, 2019, the Plaintiff entered into a contract with the Defendant for the acquisition of all facilities and rights to business of an entertainment drinking club (hereinafter “instant entertainment drinking club”) with the name of “D” (hereinafter “D”) in a leisure club (hereinafter “instant entertainment drinking club”) in which the Plaintiff would receive KRW 65 million (hereinafter “instant contract”) from the Defendant, and paid KRW 65 million to the Defendant.

On May 2, 2019, the Plaintiff acquired the instant entertainment drinking club from the Defendant, and began business after completing business registration with the content of “mutual name: E” and “business type: entertainment drinking club”.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 evidence, the purport of the whole pleadings

2. The Plaintiff asserted that he had transferred the instant entertainment tavern from May 2019 to the Plaintiff, which was called “F” in his wife from May 2019, and violated the duty of prohibition of engaging in competitive business under Article 41 of the Commercial Act. As such, the Plaintiff’s contract of this case was rescinded through the delivery of the instant complaint.

Therefore, the defendant should return to the plaintiff 65 million won received from the plaintiff due to the cancellation of the contract and pay 10 million won as penalty to the plaintiff.

3. The business under Article 41(1) of the Commercial Act refers to a functional asset as an organic integration organized for a certain business purpose. The term "functional asset as an organic integration" refers to a functional asset as an organic integration. Since the facts with tangible and intangible property and economic value, which form a business, function as a source of profit, are systematically combined to function as a source of profit, and the functional asset as a source of profit, which is an organic combination, becomes an object of transaction, such as a single goods. Thus, whether a business transfer is deemed to have been done by a transferee is the same as the transferor after the transferee transferred a functional asset as an organicly organized source of profit.