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(영문) 서울중앙지방법원 2016.05.27 2015가합562715
경업금지 등 청구의 소
Text

1. Defendant C:

A. The Plaintiff’s KRW 15,00,000 and its related KRW 5% per annum from May 27, 2015 to May 27, 2016.

Reasons

1. Basic facts

A. The transfer contract between the plaintiff and the defendant C on Taekwondo ground 1) The defendant C is the Taekwondo Director in the name of "H Taekwondo Director" in G and 301 in Seoul Special Metropolitan City, Gwanak-gu (hereinafter "H Taekwondo Director").

) while operating the F Kindergartens located in Gwanak-gu in Seoul Special Metropolitan City(hereinafter referred to as “F Kindergartens”);

Taekwondo classes (hereinafter referred to as " Taekwondo classes") from after-school classes.

(2) On July 27, 2009, Defendant C agreed to transfer premium of KRW 120 million (hereinafter “instant transfer agreement”) to the Plaintiff, including the right to the name, telephone number, members, Taekwondo instructors, Taekwondo instructors, and the right to the Taekwondo class, such as the name of the H Taekwondo place, and the right to the Taekwondo place, including the right to the Taekwondo place, and the human and physical facilities of the Taekwondo place, such as Taekwondo instructors, and the F kindergarten Taekwondo classes (hereinafter “the instant transfer agreement”). The instant transfer agreement included a special agreement including the agreement to prohibit competition as follows:

Matters of special agreement

1. After the date of surrendering, Defendant C cannot open and take over the seal not less than 2 km of its own radius.

2. The number of persons shall be 175 persons.

3. The qualification certificate of Defendant C shall be kept for up to three months from the contract date.

4.In principle, Defendant C shall cooperate to the maximum extent possible so that it can maintain the current number of classes to be linked with the F Kindergartens. If the cooperation with the F Kindergartens is not reached, this Agreement shall be terminated.

5. Neither the existing person who committed an offense shall cooperate so that he/she can work in the current gymnasiums;

B. On September 4, 2009, the Plaintiff paid the premium to Defendant C in full, and began to operate the H Taekwondo hall from that day. 2) On the other hand, the Plaintiff and I, who was the H Taekwondo instructor, directed the FM Taekwondo lessons. Since June 201, the Plaintiff’s Taekwondo qualification was problematic, the Plaintiff had the above IM Taekwondo instruction from around June 201.

3. On October 7, 201, 3 I enters the framework of fasi while the Fasi is guiding the Taekwondo lessons at a kindergarten.

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