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1. The defendant,
A. By April 5, 2027, beauty art room business shall not be run in the e-learning group until April 5, 2027.
Reasons
Facts of recognition
The location of the contract for transfer and acquisition of the right of the workplace: To transfer and acquire the right within the business place located in the cosmetic Group C of Gyeonggi-gu as follows:
1. All rights of the transferor in the workplace;
approximates
4. The Plaintiff shall pay 35 million won to the Defendant for premiums in the workplace.
5. The defendant shall immediately transfer the place of business to the plaintiff when paying any balance.
6. The Defendant modified the building lease agreement to the Plaintiff on April 28, 2017.
On April 5, 2017, the Plaintiff entered into a contract with the Defendant for the transfer or acquisition of the right to the beauty room (hereinafter “instant contract”) with respect to the beauty room operated by the Defendant (hereinafter “cosmetic”) under the trade name “D” in Gyeonggi-gun C, as follows.
The Plaintiff paid KRW 35 million to the Defendant according to the instant contract, and received the stores and facilities of the beauty art room in this case from the Defendant, and operates the beauty art room up to now.
The Defendant, at a place less than approximately 300 meters away from the cosmetic of this case, opened and operated the cosmetic of the trade name “E”. After the instant lawsuit, the Defendant changed the trade name of the cosmetic of this case to “F” and reported the closure of the cosmetic of this case around September 3, 2020.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3 (including additional numbers), and the overall purport of the arguments, which are acknowledged by adding to the whole purport of the arguments, which are the following circumstances, such as (i) the location of the instant contract is written as the beauty art room, (ii) the transfer or acquisition of all the defendant's rights within the place of business, and (iii) the plaintiff later transferred the structure and facilities of the beauty art room to the same extent as the previous one.