1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Defendant C is a person who operated a restaurant that sells food, such as a store, a spice shop, and a new box, in the name of “G” in Bupyeong-si, Busan (hereinafter “existing restaurant”), and Defendant C is a child of Defendant C.

B. On June 20, 2016, the Plaintiff entered into a contract with Defendant C to acquire the rights, such as real estate facilities in an existing restaurant in the cost of KRW 100 million (A evidence 2; hereinafter “instant contract”).

C. According to the instant contract, the Plaintiff paid KRW 100,000,000,000 to Defendant C’s husband’s deposit account under the name of H on June 20, 2016, and KRW 90,000,000 on July 20, 2016. After completing business registration on August 1, 2016, the Plaintiff started the existing restaurant business from around that time.

On April 26, 2017, Defendant B opened a restaurant (hereinafter referred to as “new restaurant”) that sells food, such as a liver store, a lush, a lush, a lush, and a fireworks, in the trade name of “E”, from D and three parcels outside Singu, Singu.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 8, Eul evidence No. 12, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants: (a) around June 20, 2016, received KRW 100 million from the Plaintiff and transferred the existing restaurant business; (b) as a business transferor, the Defendants were obligated to refrain from engaging in competitive business pursuant to Article 41(1) of the Commercial Act. However, the Defendants, at the existing restaurant, opened a new restaurant, which is the same kind of business in the same place as the previous restaurant and its neighboring area, and violated the duty to refrain from competitive business. Therefore, the Defendants should not be allowed to operate the same kind of business in Incheon, Seoul, Si, Si, Si, or Kimpo-si, where the existing restaurant is located and its neighboring area, or to operate the new restaurant by disposing of it to another person. (b) If the Defendants fail to perform the duty to refrain from competitive business, jointly and severally, paid KRW 500,000 per day of the violation to the Plaintiff, and if they operate the new restaurant by disposing of it to another person, jointly and severally pay KRW 100 million to the Plaintiff.