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(영문) 광주지방법원 2017.06.23 2016가합53970
경업금지 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From around 2012, the Plaintiff, Defendant, E, and F operated a restaurant that mainly prepares and sells satisfaction with the trade name “H” in the Seo-gu, Seo-gu, Gwangju, and the first floor (hereinafter “instant restaurant”).

And I participated as a partner of the restaurant operation of this case around the winter of 2013.

B. On February 17, 2014, the Plaintiff, the Defendant, E, F, and I agreed to liquidate the above partnership (hereinafter “instant agreement”), and on February 17, 2014, the Plaintiff entered into an agreement with the Defendant who representing the remaining partners, other than the Plaintiff, to be transferred the instant restaurant (hereinafter “instant agreement”).

[Agreement] The plaintiff and the defendant agree with regard to the sale and purchase of the restaurant of this case

① In transferring the instant restaurant to the Plaintiff, the Plaintiff’s remaining sum of KRW 50 million to the Defendant until February 21, 2014. If the Plaintiff’s business registration is discontinued without delay, the entire restaurant of this case is transferred without any condition to the Defendant, and is to waive his/her rights.

② The Plaintiff’s official contract with the owner of the house shall be recognized from the date of payment of the balance.

③ 피고는 원고에게 간판(전면, 돌출) 전체, ‘H’ 상호가 들어간 모든 것(ex. 메뉴판, 썬틴지, pop, 기타)은 양도 대상이 아니며 피고가 30일 후(3월 19일) 가져가기로 한다.

C. After the instant agreement, the Plaintiff operated the said restaurant by changing the trade name of the instant restaurant to J, and approximately one year and six months E and F run a business selling satisfaction by putting up the signboard “H” on the restaurant near the instant restaurant at approximately one year and six months.

On the other hand, from May 21, 2014, the Defendant operated a restaurant with a trade name, “K,” which operates several hundreds of clocks, such as the bones-gu, Seo-gu, Gwangju, about May 21, 2014, and on March 23, 2016, the trade name of the above restaurant as “L”.

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