1. The Defendant: (a) KRW 5,000,000 for the Plaintiff and 5% per annum from October 22, 2014 to April 29, 2015.

The summary of the case is the case where the plaintiff who had given the premium to the defendant and taken over the alcohol house claims the amount of the premium (72 million won) and the amount of the reduced business sales (64.8 million won) for two years on the ground that the defendant suffered damages due to the defendant's breach of the duty of prohibition of competition.

On the premise of fact, the defendant, including the takeover and closure of the main office of the plaintiff, operated the main office of "D" from March 20, 2003 to Seocho-gu Seoul Metropolitan Government C and the second floor with the trade name of "D" (hereinafter "main office of this case").

Article 2 (Transfer of leased Articles) The transferor shall deliver the above real estate to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all the obstacles to the exercise of the right of lease and shall, at the same time as the receipt of any balance, deliver all the facilities and business rights to the transferee so that the transferee can conduct the business immediately.

On April 26, 2011, the Plaintiff prepared a contract for acquisition or transfer of the right (facilities) to acquire premium of KRW 72 million between the Defendant and the right to operate the instant main station, and paid the remainder of KRW 62 million on April 26, 201 and April 27, 201.

The terms of the transfer contract are same.

On April 27, 2011, the Plaintiff entered into a lease agreement with E, who is the owner of a building, and changed the term “F” to “F” through facility repair. From June 13, 2011, the Plaintiff started the main business.

The Plaintiff closed the instant main points around September 2014.

The Defendant’s main shop opening business and India opened a drinking house (hereinafter “Defendant’s main shop”) in the name of “D”, which is the previous trade name of the main shop of this case, after acquiring the store of Seocho-gu Seoul Metropolitan Government G and B102 at a distance of 50 meters away from the place of this case, and opening the drinking house (hereinafter “Defendant’s main shop”).

The defendant received premium of KRW 30 million on January 12, 2015 and received KRW 30 million in excess of the store.

[Ground of recognition] The fact that there is no dispute, each entry of Gap Nos. 1 and 2, issues of the whole pleadings, and arguments to the defendant.