1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 15, 2016 to August 22, 2017.

Basic Facts

Around November 29, 2015, the Defendant: (a) operated a store with the trade name of “D” (hereinafter “instant store”); (b) the first floor of the first floor of Busan Northern-gu C commercial building (hereinafter “instant commercial building”); (c) sold the instant store in excess of hours; and (d) on November 29, 2015, the Plaintiff agreed to acquire the facilities and business rights of the instant store operated by the Defendant with the Defendant at KRW 50,000,000 as premium (hereinafter “instant transfer agreement”).

On November 30, 2015, the Plaintiff concluded a lease agreement with E, the owner of the instant store, and comprehensively succeeded to the labor contract relationship between the employees of the instant store and the Defendant, and began sales business, including over-day, at the instant store from December 4, 2015.

From January 28, 2016, the Defendant started operating a store of “F” in the name of “F” (hereinafter “Defendant store”) from January 28, 2016, and started selling business, including overwork.

[Ground of recognition] The Plaintiff’s assertion of the purport of Gap’s evidence Nos. 1 through 6 and 8 (including the paper numbers) and the purport of the entire pleadings constitutes a transfer of business under Article 41(1) of the Commercial Act, and thus, the Defendant, in violation of this provision, opened and operated the Defendant’s store that runs the same business in the vicinity of the instant store.

As a result, the Plaintiff suffered damages exceeding 50,000,000 won due to the decline in sales of the store of this case. The Defendant is obligated to pay 50,000,000 won to the Plaintiff as part of the business loss or consolation money, which is the return of the amount equivalent to the premium, or property damage.

Judgment

In the following circumstances, the Plaintiff paid KRW 50,000,000 premium to the Defendant and succeeded to the status of the Defendant’s lessee by taking over the instant store by paying KRW 50,000 to the Defendant, which are acknowledged by the fact that the instant transfer agreement constitutes a transfer of business under Article 41(1) of the Commercial Act.