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(영문) 춘천지방법원 2016.08.17 2015가단55116
영업행위금지 등
Text

1. The Defendants shall not engage in the restaurant business identical to the Plaintiff from Chuncheon City/Chuncheon and Chuncheon City E to May 31, 2025.

Reasons

1. Basic facts

A. On July 5, 2013, Defendant B leased a building located in Chuncheon City and registered its business under his/her name, and operated a restaurant with the name of “I” (hereinafter “instant restaurant”) from around that time with Defendant C, the husband, and around that time, Defendant B transferred equipment such as the kitchen facilities of this restaurant to the Plaintiff on April 25, 2015, and transferred the following methods: (a) transferred the equipment such as the kitchen facilities of this restaurant to the Plaintiff; and (b) received KRW 30 million in consideration of the following: (c) transferred the following: (d) the two specifications of the instant restaurant; and (e) transferred the following methods; and (e)

(hereinafter “instant contract”). (b)

On June 1, 2015, the Plaintiff entered into a lease agreement with the lessor of the instant restaurant building, and paid 30 million won premium to the Defendants until June 1, 2015, and completed business registration with respect to the instant restaurant, and began its business from around that time without changing the signboard, existing camera, business method, etc. of the instant restaurant.

C. On September 1, 2015, the Defendants opened a cafeteria with the trade name, “G cafeteria” (hereinafter “Defendant cafeteria”) after completing business registration in the name of Defendant C at the store located in Chuncheon F, approximately 100 meters away from the instant cafeteria.

The Meap of the instant restaurant is Yang Dolsan Dol, Twel Dol Dol Dol, Pul Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol, and the Medi Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol, and the Medi Dol Dol Dol Dol Dol Do

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3 (including branch numbers, if any) or images, witness J's testimony and purport of the whole pleadings

2. The parties' assertion

A. At the time of the contract of this case, the Defendants agreed not to engage in the same kind of business in the vicinity of Chuncheon City.

In addition, the instant contract constitutes a transfer of business under the Commercial Act, and the Defendants are obligated to prohibit competitive business against the Plaintiff pursuant to Article 41(1) of the Commercial Act.

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