1.(a)

By October 25, 2021, the defendant has the principal or a third party indicate the "C" in the area of the Gu Council.

1. Basic facts

A. On June 22, 2009, the Defendant opened food restaurants with mutual name “G” (hereinafter “instant restaurants”) from “G” in “G” at the Government-si, and sold the food and alcoholic beverages indicated in attached Form 1 “C”.

B. On October 26, 201, the Plaintiff entered into a contract with the Defendant to acquire KRW 60,000,000 with respect to the instant restaurant, including facilities and equipment, from the Defendant, and registered as a retail business on November 1, 201 of the same year; and thereafter, the Plaintiff paid the above money to the Defendant and took over all of the trade name, signboards, equipment, etc. used by the Defendant without any changes, and operates a business in the instant restaurant.

C. The Defendant, on October 31, 201, after transferring the instant restaurant to the Plaintiff, filed a report on the closure of business on October 31, 201, but around August 6, 2013, “E” in the instant restaurant D around approximately 81m away from the instant restaurant, opened the instant restaurant with its trade name, and sells food and alcoholic beverages as indicated in attached Table 2 until now.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 9, Eul's 2 and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. The Plaintiff’s assertion falls under the business transfer under the Commercial Act, and the Defendant bears the obligation not to engage in competitive business under Article 41(1) of the Commercial Act.

Nevertheless, the Defendant’s trade name “E” violates the above duty to sell food and alcoholic beverages of the same kind as that handled by the Plaintiff. Thus, the Defendant is obligated not to operate such business. If it violates this duty, the Defendant shall pay KRW 500,000 per day when it breaches its duty as indirect compulsory performance, and shall not transfer its business rights to the Plaintiff, and if it violates this, it shall not pay KRW 60,000 as indirect compulsory performance to the Plaintiff.

In addition, the defendant is also the defendant.