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1. The Defendant’s KRW 5 million to the Plaintiff and the Plaintiff’s annual rate from March 12, 2015 to October 28, 2015.
Reasons
1. Basic facts
A. On December 4, 2014, the Plaintiff: (a) decided to acquire a D’s restaurant (hereinafter “instant restaurant”) located in the Gu, American, and American; (b) paid a down payment of KRW 5 million to the Defendant; (c) paid the remainder KRW 45 million on December 26, 2014; and (d) completed business registration on January 9, 2015.
(hereinafter “transfer of this case”). (b) The transfer of this case
From February 10, 2015, the Defendant operated a “F cafeteria” (hereinafter referred to as the “Defendant cafeteria”) located in the Gu, American, and transferred it to Gman on March 2015.
C. The straight line between the instant restaurant and the Defendant restaurant is approximately 200 meters, and Qua New Daily is as follows.
이 사건 식당 : 한우 소머리국밥, 황태해장국, 콩나물해장국, 비빔밥, 청국장, 김치찌개, 순대국밥, 생삼겹살, 대패삼겹살, 돼지생막창, 소곱창전골, 돼지두루치기, 순대전골 피고 식당 : 굴국밥, 돼지국밥, 황태, 비빔밥, 생삼겹살, 대패삼겹, 돼지갈비, 돼지머리수육, 돼지두루치기, 주꾸미볶음, 모듬전, 굴전 [인정근거] 다툼 없는 사실, 갑 제1 내지 7호증, 을 제3호증의 각 기재 또는 영상, 증인 H의 일부 증언, 변론 전체의 취지
2. The parties' assertion
A. The Defendant asserted that the Plaintiff violated the duty not to engage in the same kind of business under the Commercial Act by transferring the business of the instant restaurant to the Plaintiff and operating the Defendant restaurant.
The plaintiff cancelled the transfer contract of this case through the service of the duplicate of the complaint of this case. The defendant is obligated to return to the plaintiff 50 million won due to restitution following the rescission of the contract.
In addition, even if the defendant disposed of the defendant's restaurant to G, as long as G operates the restaurant, the violation of the obligation not to engage in the competitive business against the plaintiff continues, and the defendant is obliged to pay 50 million won as compensation for mental suffering.
B. The Defendant’s assertion that the instant restaurant and the Defendant restaurant are street.