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1. The judgment of the first instance court, including the Plaintiff’s claim added and reduced in the trial, shall be modified as follows:
Reasons
1. The court's explanation on this part of the basic facts is the same as the statement of the reasons in the corresponding part of Article 420 of the Civil Procedure Act, in addition to the phrase "the main points (hereinafter "the main points in this case") in the second part of the judgment of the court of first instance (hereinafter "the main points in this case") among the reasons stated in the second to third 7 of the judgment of the court of first instance."
2. Judgment on the plaintiff's claim for damages
A. Although the Plaintiff’s summary of the Plaintiff’s assertion falls under the transfer of business as stipulated in Article 41(1) of the Commercial Act, and the transferor’s obligation to prohibit competitive business arises to the Defendant, the Plaintiff, who is the transferor, but operated the Defendant’s main office in the vicinity of the instant main office in violation of this provision.
However, the Defendant received KRW 72,00,000 from the Plaintiff in return for the transfer of the instant main store’s goodwill, but did not guarantee the Plaintiff’s goodwill, and operated the same kind of business, so the Defendant should return the entire amount of the said premium to the Plaintiff as compensation for damages.
In addition, the Defendant has a duty to compensate the Plaintiff for business loss or consolation money, which is a property loss suffered by the Plaintiff, as the result of the Plaintiff’s violation of the obligation not to engage in the competition in 2012 and 2013.
B. Article 41(1) of the Commercial Act provides, “In the event that the instant transfer contract constitutes a transfer of business as stipulated under Article 41 of the Commercial Act, the transferor shall not engage in the same kind of business in the same Special Metropolitan City, Metropolitan City, and Si/Gun and neighboring Si/Gun for 10 years unless otherwise agreed.”
business as defined in the above provision shall be specified.