1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 20, 2017, the Plaintiff acquired the instant store’s KRW 19,000,000 for premiums (hereinafter “instant contract”). On the same day, the Plaintiff leased the instant store from the lessor G of the instant store to KRW 10,000 for lease deposit, KRW 30,000 for rent, KRW 30,000 for rent, and period of lease from October 27, 2017 for lease.

B. On March 16, 2018, the Defendant: (a) registered the business of clothing and miscellaneous retail from the first floor of the building located in Gwangju North-gu, Gwangju; and (b) opened and operated a new clothing store with the said trade name from March 20, 2018.

C. Accordingly, the Plaintiff filed an application against the Defendant for provisional disposition seeking prohibition of competition with the Gwangju District Court 2018Kahap87, and the said court rendered a provisional disposition prohibiting competition on May 25, 2018. On this issue, the Defendant raised an objection with the same court 2018Kahap138, but the said court decided to authorize the provisional disposition on July 3, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 6-1 and 2, the purport of the whole pleadings

2. The contract of this case by the plaintiff constitutes a transfer of business under Article 41(1) of the Commercial Act, and thus, the defendant is obligated to prohibit competitive business under Article 41(1) of the Commercial Act.

However, in the vicinity of the instant store, the Defendant violated the duty of prohibition of competition by running a new clothing store business.

Therefore, the Plaintiff: (a) stated that the Defendant would not operate the clothing sales business from Gwangju Metropolitan City to October 19, 2027; and (b) sought the closure of a new clothing sales business; and (c) further, paid KRW 10,000,000 as compensation for mental damages suffered by the Plaintiff in lieu of property damages incurred by the Plaintiff due to the Defendant’s violation of the obligation not to engage in the competitive business.