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1. The Defendant’s KRW 21,375,00 for the Plaintiff and KRW 6% per annum from March 16, 2018 to October 5, 2018.
Reasons
The Defendant, on October 26, 2017, entered into a contract with the Plaintiff on the receipt of premium of KRW 28,500,000 as premium and KRW 28,500,000 among the Plaintiff, to operate the beauty art room business of this case on the Goyang-gu C and 1st century (hereinafter “the beauty art room of this case”).
(hereinafter “this case’s transfer of business” is also stipulated as follows with respect to the Defendant’s duty of prohibition of competition. The instant transfer of business is also stipulated as follows.
The Plaintiff, by November 30, 2017, paid to the Defendant the amount of KRW 28,50,000 for the premium set forth in the instant contract for the business takeover by November 30, 2017, and began business after receiving delivery from the Defendant on the same day.
Around November 24, 2017, the Defendant sent text messages to the customers of the cosmetic room of this case using the phone number of the cosmetic of this case as the phone number of the cosmetic of this case. Around November 27, 2017, the Defendant sent text messages to the effect that “Until November 29, 2017, I find it difficult for the chief Justice to conduct an audit and inspection.” Around November 27, 2017, the Defendant sent text messages to the effect that “D shop calls need to be published again at the time of confirmation of the place scheduled to open.” Around February 1, 2018, the Defendant sent text messages to the effect that “I open the phone number of the cosmetic room of this case to K, and revise the existing phone number.”
From February 2, 2018, the Defendant runs the business of beauty art rooms with the trade name “K” (hereinafter “Defendant’s new beauty practice room”) in Gyeyang-gu L and 1st floor M (J) in Goyang-gu L and 1st floor M (J).
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 6 (including partial number of heading, hereinafter the same shall apply), and the purport of the whole pleadings, as the plaintiff's claim for the purport of takeover of business refers to "F" where the defendant's competitive business is prohibited under the contract, "F" refers to "N housing site development zone" where the defendant is called "F zone." Thus, the defendant's Odong-gu, Gyeyang-gu, which is the F zone.