1. Of the part concerning the conjunctive claim of the first instance judgment, the Plaintiff’s order to pay the following amount.

1. Basic facts

A. On September 10, 2018, the Plaintiff entered into a contract with the Defendant to acquire beauty rooms operated by the Defendant in the E and F (hereinafter “instant store”) for KRW 12,000,000 for premium (hereinafter “instant contract”) and paid KRW 1,20,000 to the Defendant on the day of signing the contract, and paid KRW 10,80,000 for the remainder on October 2, 2018.

B. After the conclusion of the instant contract, the Plaintiff is running the beauty room business in the name of “G” at the same time after receiving delivery of the instant store from the Defendant.

Meanwhile, from October 24, 2018 after the conclusion of the instant contract, the Defendant runs a business of opening a Duntile room from approximately 100 meters away from the store of this case, C and 1st floor.

[Ground of recognition] The non-contentious facts, Gap evidence 1, 2, and 10, the contents and images of Gap's evidence, and the fact inquiry about I of the first instance court's H Licensed Real Estate Agent Office's representative, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Defendant asserted that the Plaintiff entered into the instant contract with the Plaintiff and transferred the beauty room business in accordance with Article 41 of the Commercial Act.

In addition, the Plaintiff entered into the instant contract with the Defendant by hearing the horses that “I will not run the cosmetic room business due to lack of body, and will not run in the Plaintiff’s beauty room business later,” and trusting it. The instant contract includes an implied agreement on the prohibition of competitive business.

Therefore, the Defendant is obligated to pay consolation money of KRW 10,00,000 and delay damages to the Plaintiff in order to avoid the Plaintiff’s mental suffering due to such behavior, in accordance with an implied prohibition agreement as seen earlier, pursuant to Article 41 of the Commercial Act or Article 41 of the same Act from October 3, 2018, after receiving any balance from the Plaintiff.

B. The issue of whether the transfer of business is applicable is whether the transfer of business.