1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. A. Around July 2011, the Defendant: (a) leased part of the D1st floor from Nonparty C in Busan Dong-gu, Busan; and (b) operated the beauty room business in the trade name of “E” (hereinafter “E”); (c) at the time, the Defendant paid KRW 16 million to G who operated the beauty room in the trade name of “F” at that time.

B. On February 18, 2016, while operating the cosmetic of this case, the Defendant received KRW 22 million from the Plaintiff and transferred the cosmetic facilities of this case to the Plaintiff.

On the 19th of the same month, the Plaintiff issued a business registration certificate with the trade name “H” and operated the beauty art room business by continuously using the trade name used by the Defendant in the beauty art room in this case.

C. From the beginning of April 2016 following the relocation of the cosmetic, the Defendant operated the beauty art room with the trade name “J” from the Busan Eastdong-gu I (500 meters in a straight line from the cosmetic, according to the Plaintiff’s assertion, and 1.3 kilometers in a distance from the Defendant’s argument).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5, Eul 1, Eul 4-1 to 4, Eul 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the transfer of the beauty art room of this case constitutes a transfer of business under the Commercial Act, and the Defendant violated Article 41 of the Commercial Act, and thereby engaged in beauty art business in neighboring areas. Since the Plaintiff suffered mental suffering due to the Plaintiff’s disadvantage resulting from the reduction of sales amount, the Defendant is obligated to pay consolation money equivalent to the premium to the Plaintiff, taking into account the circumstances and contents of the transfer of business between the original Defendant and the degree of violation, etc.

B. The transfer of the Defendant’s assertion constitutes the transfer of facilities, not transfer of business, and the Defendant received 22 million won from the Plaintiff from the Plaintiff as the price for the transfer of facilities, such as a house, and the premium.