1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Following the counterclaim filed by this court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From around 2010, the Defendant operated a cosmetic store in the name of Seongbuk-gu Seoul and the second floor “D” (hereinafter “instant beauty room”).

B. On December 14, 2016, the Defendant transferred the business facilities, etc. of the beauty art room of this case to the Plaintiff at KRW 70 million. However, upon entering into a contract, the contract amounting to KRW 20 million, the intermediate payment of KRW 11 million was paid at KRW 30 million on February 20, 2017, and the remainder of KRW 39 million on March 31, 2017 to KRW 13 million on the last day of each month (the agreement to impose interest at KRW 20% per annum), and the date of transfer or acquisition was concluded on February 28, 2017.

(hereinafter “instant transfer contract”). The terms and conditions of the instant transfer contract pertaining to the instant case are as follows:

(1) This Agreement is a contract for the transfer and acquisition of total facilities, including beauty equipment used in the place of business, and includes all customer information and the right to use the store representative telephone number acquired by the transferor from the first date of commencement of business until the date of transfer and acquisition of rights by the transferor.

Provided, That the labor-related part for the employees of the existing transferor shall be excluded.

(2) Before entering into a contract for transfer and takeover of rights, employees are prohibited from moving/employment at the transferor’s place of business.

Provided, That internships shall be excluded;

(1) A period of one year from the date of acquiring DNAs)

B. On February 21, 2017, the Defendant received customer information (hereinafter “instant customer information”) from the Plaintiff and sent them by e-mail through E-mail address (G) designated by the Plaintiff to the F e-mail address (G) of the Plaintiff, which is a large volume file, through the following e-mail account.

In addition, the fact of sending e-mail to H who prepared the opening of the Do and beauty room is confirmed by notifying the plaintiff as text messages.