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(영문) 서울서부지방법원 2016.10.13 2016가합30111
경업금지 등 청구의 소
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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts under the basis of facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, 5, 6, 9, 10, 12, 13, 38 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2, and Eul evidence Nos. 12 or 12, with the overall purport of the pleadings.

On May 10, 2005, Defendant F, along with Nonparty J and K, leased the entire 4th floor of the land and its ground buildings in Eunpyeong-gu Seoul (hereinafter “instant real estate”) from Nonparty L by setting the deposit amount of KRW 200 million, monthly rent of KRW 15 million, from July 1, 2005 to June 30, 2010. From around that time, Defendant E, along with Defendant E, who is the husband, operated a restaurant (hereinafter “N”) that sells pigss, sugars, air conditionings, etc. with the trade name “N” from the instant real estate.

B. The term of the above lease agreement expires, and Defendant E entered into a contract to lease the instant real estate from L on July 1, 2010 to continue to operate the “N” (hereinafter “instant lease agreement”), and the key contents thereof are as follows.

1. Contract term: From July 1, 2010 to June 30, 2012: Provided, That the period may be extended by one year through mutual agreement.

2. Deposit: 500 million won; and

3. Rent: 35 million won per month;

6. Upon termination of a contract and termination of a contract for the termination of a contract, the lessee is obliged to preserve all business-related facilities and fixtures inside the real estate under this contract, order the lessor to guide the lessor, and transfer the mutual “N” used by the lessee to the lessor without any condition so that the lessor can use the leased.

7. Upon expiration of the lease term at the expiration of the contract, the lessee shall revert the facilities of the first floor, the second floor and the second, third, and fourth floor as provided in the above 6 to the lessor in such a state that normal business is possible, and shall not claim for any premium, necessary expenses, and beneficial expenses.

A lessee shall be the lessor.

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