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(영문) 수원지방법원 2014.04.11 2013가합8284
경업금지등
Text

1. Defendant B and D shall not run the beauty room business for ten years from August 31, 2012 in the area of Suwon-si.

Reasons

1. Basic facts

A. From July 2008, Defendant B and D, a couple of the couple, operated the beauty art room in the name of “B H” in Article 204 of the second floor of the building E of Suwon-si, Suwon-si (hereinafter “instant beauty art room”). From that point, Defendant C still operated the beauty art room in the name of Defendant C, a member of the beauty art room, only on December 201, 201.

B. On August 16, 2012, the Plaintiff entered into an agreement on the transfer of real estate rights (hereinafter “instant transfer agreement”) with Defendant B and D, with the content that the Plaintiff acquired all facilities, equipment, and goodwill of the beauty art room of this case from the said Defendants in the premium of KRW 25 million.

On the same day under the instant transfer contract, the Plaintiff paid the said Defendants the down payment of KRW 2.5 million, and the remainder of KRW 22.5 million on August 31, 2012.

C. As above, the Plaintiff paid the entire premium, and received the delivery of the stores of the beauty art room from Defendant B and D, as well as the customer list of the beauty art room of this case.

From September 2012, the Plaintiff used the existing phone number of the beauty room in the instant case as it is, and used the existing facilities, etc., used the name and the signboard to “F” and started the beauty room business.

On the other hand, around December 2012, Defendant B and D are located in the swimming pool where the beauty room of this case is located, and they are running a beauty room business in approximately 2 km away from the beauty room of this case by opening the beauty room of No. 244 and No. 248 of the 2km-gu G Building of Suwon-gu, Suwon-si.

E. In addition, Defendant C operates the beauty room, “H,” from the day immediately after Defendant B and D transferred the instant beauty room to the Plaintiff.

[Basis] Facts without dispute, Gap evidence 1, Eul evidence 3-1 to 4, Eul evidence 4, 6-1 and Eul evidence 5-2, and the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against Defendant B and D

A. The plaintiff.

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