1. The defendant shall pay 3,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

On April 30, 2016, the Plaintiff acquired from the Defendant’s side the “F” store located in the Dong-dong-gu Seoul Special Metropolitan City E (hereinafter “instant E”) and operated the instant E shop from that time.

The Plaintiff agreed to pay 20 million won premium to the Defendant when taking over the above store, and paid 10 million won among them to the Defendant.

On February 2, 2017, G, the Defendant, was registered as a business operator under the trade name called “D” (hereinafter referred to as “instant C”).

In the instant case C, one of the telephone numbers used at the time of the instant E store business was used as they were.

The instant “C” store is located at a 2.9km away from the instant E store and 2.9km in a straight line.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2, and the purport of the whole argument of the parties concerned, the summary of the plaintiff's assertion that the defendant concluded a contract with the plaintiff to transfer the plaintiff's stores of this case E and its goodwill. Thus, the defendant should not operate the same kind of business in Daejeon where the plaintiff's stores of this case are located for 10 years in accordance with Article 41 (1) of the Commercial Act as the transferor of business, and the defendant must suspend and discontinue the business of this case Eul at present.

Although the Defendant concluded a transfer contract for the business of transferring the instant E to the Plaintiff, in violation of the duty of prohibition of the competition, the Plaintiff operated the instant E shop in the vicinity of the instant E shop, and thereby, the Plaintiff incurred property loss, namely, reduced sales (the Plaintiff appears to have claimed damages to the effect that the violation of the duty of prohibition of competition is a tort although it is not explicitly stated). The Defendant started to operate the instant C shop with the Plaintiff from August 2016 to August 2017, 2017, the amount of KRW 10 million paid in return for the instant business right and the amount of damages and KRW 48 million paid to the Plaintiff.