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(영문) 인천지방법원 2015.11.04 2014가합14975
영업폐지등
Text

1. Until March 4, 2022, the defendant shall not engage in Taekwondo ground business within the radius of 1.5 km of Nam-gu Incheon Metropolitan City, Nam-gu.

Reasons

1. Basic facts

A. On February 22, 2012, the Plaintiff entered into a contract for the transfer of Taekwondo grounds between the Plaintiff and the Defendant (hereinafter “instant Taekwondo grounds”) with the name of “F” on the second floor of the building in the Nam-gu Incheon Metropolitan City C and the second floor.

(1) The “Agreement on Prohibition of Rights and Transfer-Takeover of Rights” (No. 1; hereinafter “instant transfer/acquisition agreement”) to acquire all facilities, articles, and goodwill of the Taekwondo Chapter from the Defendant running the Taekwondo Chapter in the amount of KRW 58 million (58 million).

- The key contents are as follows - The timing of paying the premium for a gymnasium - the timing of paying the premium for a gymnasium - the sales of the store or the conditions of succession to the deposit/monthly - the right amount of KRW 58 million - the remainder of the down payment of KRW 2 million ( February 22, 2012), KRW 4 million ( February 27, 2012), the remainder of the down payment of KRW 10 million ( February 29, 2012) - the remainder of KRW 42 million ( March 5, 2012 - the lease deposit of KRW 23 million, the monthly rent of KRW 6.5 million)

1. The transferor (the defendant is named; hereinafter the same shall apply) shall deliver all the goodwills and all the facilities and articles in the sports hall at the time of conclusion of the contract to the transferee on the date on which the remainder of the premium is paid.

2. When the contractual number of trainees is transferred between the transferor and the transferee, the period of verification of the number of trainees shall be one week from the balance date, and the scope of the number of trainees shall be the number of trainees present, and free trainees who do not attend for at least five days shall be excluded from the calculation of the number of trainees and free trainees who retire from the contract until the balance date shall be recognized by the transferee up

(2) If the number of contracting parties is not more than 90 persons after the verification of the number of persons, the transferor shall pay 570,000 won per person as a penalty for negligence to the transferee.

On the contrary, even if there are at least two persons, the transferee will pay the criteria for one person (x) to the transferor.

Article 8

5. The transferor will not hold a sports hall within a radius of 1.5 km on the basis of the location of the gymnasium transferred after the conclusion of this Agreement.

2. The Plaintiff’s instant case.

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