1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. The Plaintiff’s restaurant (E) business and business transfer 1) on June 22, 2009, the Plaintiff is a food restaurant with mutual name “E” in “E” (hereinafter “E restaurant”).

(2) On October 26, 201, the Plaintiff entered into a contract with the Defendant to transfer KRW 60,000,000 to the Defendant business rights, including facilities and equipment related to the restaurant, including the E restaurant, to the Defendant.

(hereinafter “instant transfer contract”). On November 1 of the same year, the Defendant registered a retail business as of November 1, 200, and thereafter, the Defendant paid all of the above money to the Plaintiff and took over all the trade name, signboards, fixtures, etc. used by the Plaintiff and used them as they were without changing them.

B. After transfer, the Plaintiff’s opening business of the restaurant (hereinafter “G”) published a report on closure of October 31, 201, which was subsequent to the transfer of the restaurant to the Defendant, but around August 6, 2013, the Plaintiff operated a business selling food and alcoholic beverages attached Table 2, after opening a new food restaurant (hereinafter “G restaurant”) in his/her trade name, which was approximately KRW 81m away from the E restaurant.

C. The Defendant, upon the transfer of business, filed a lawsuit seeking the prohibition of the operation and transfer of a G restaurant by asserting that the Plaintiff breached his/her duty not to engage in the competitive business by opening and operating the G restaurant even though the Plaintiff transferred the cafeteria to this court.

On June 25, 2014, the court of the first instance concluded the pleading, and on July 23, 2014, ordered the Plaintiff’s G restaurant business and business transfer to be prohibited, and on July 23, 2014, the amount calculated by the ratio of KRW 500,000 per day of violation to the Plaintiff when the Plaintiff violated the obligation of prohibition of business transfer, and 60,000 if the Plaintiff violated the obligation of prohibition of business transfer, respectively, and paid KRW 10,00,000 as mental compensation for violation of the obligation of prohibition of business operation.