(영문) 수원지방법원여주지원 2017.10.25 2017가합5555

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(영문) 수원지방법원여주지원 2017.10.25 2017가합5555

경업금지 및 손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Factual basis

A. On November 3, 2012, the Defendant, from the Plaintiff, operated a set of deposit money of KRW 50 million, KRW 130 million per month, and KRW 130,000 per month, and KRW 52.8 square meters per month after leasing from the Plaintiff on the basis of the term of lease of KRW 104, 105, and 106, KRW 52.8 square meters per annum (16 square meters).

B. While the above lease was renewed after the expiration of the period, the Plaintiff sent a certificate to ask whether the lease should be renewed by increasing the rent on August 31, 2015.

Accordingly, on September 14, 2015, the defendant requested the plaintiff to pay KRW 30 million as premium in order to recover premium and facility investment cost spent by the defendant, if the plaintiff cooperates in collecting premium by seeking another tenant if the contract renewal is not made to the plaintiff, or the plaintiff plans to directly operate the premium.

C. On September 22, 2015, the Plaintiff and the Defendant entered into a contract for acquisition of rights (hereinafter “instant transfer contract”) which includes the following (hereinafter “instant transfer contract”) and the transfer under the instant transfer contract (hereinafter “instant transfer”).

(1) The transferor: The transferee: (3) The transferee: 30 million won for total premium (the amount of KRW 3 million for a contract shall be paid at the time of the contract, and the balance shall be paid on November 3, 2015). (4) The transfer scope: The sale articles, such as internal food, are brought by the transferor, and all the facilities, such as hot wind and computer, and the right to sell tobacco, are included in the premium, and transferred to the transferee.

(5) A transferor shall deliver to the transferee all facilities and goodwill, including all facilities and goodwill, so that the transferee can conduct the business immediately upon the receipt of any balance.

According to the instant transfer contract, the Plaintiff continues to engage in marina business with the trade name called “Gart” after paying KRW 30 million to the Defendant and receiving the said marina in delivery.

E. From February 2017, the Defendant is the trade name “Emart” at the location of Innju City, 50 meters away from the instant Empt.

유사 판례

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-서울남부지방법원 2015.06.11 2014나10293