1. Defendant B himself/herself conducts the indoor fishing place business from the neighboring Si/Gun of Suwon-si to the Suwon-si by May 24, 2027.

1. Basic facts

A. From May 25, 2017 when Defendant B operated “G”, which is an indoor fishing place, on the first floor of the area F in Suwon-si, Defendant B entered into a business transfer agreement with the Plaintiff on May 25, 2017 (hereinafter “instant business transfer agreement”). At that time, the Plaintiff continued to operate an indoor fishing place in the same trade name after having succeeded to the lessee status of the said building and the employment relationship of the employees, etc. after having succeeded to the status of the lessee of the said building and the employment relationship of the said employees, etc.

B. Around September 30, 2017, Defendant B, along with Defendant C, opened an indoor fishing place “E” (hereinafter “instant new fishing place”) which is the same kind of business in Suwon-si, Suwon-si, and operated jointly. Around October 17, 2017, after the Plaintiff made clear objection, Defendant C reported withdrawal from the said joint fishing place on July 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 7 to 10 (including each number, if any)

2. The plaintiff's assertion is primarily, after the conclusion of the contract for the business transfer of this case, Defendant B operated the new business of this case, which is the same kind of business, in violation of the duty of prohibition of competition under Article 41 (1) of the Commercial Act after the conclusion of the contract for the business transfer of this case. Thus, the plaintiff's delivery of a copy of the written complaint of this case as a substitute for the cancellation of the contract for the business transfer of this case. Defendant B is obligated to refund the plaintiff

Preliminaryly, Defendant B and Defendant C, the partner of the instant business, shall close the instant new business as a duty not to engage in the competition under the instant business transfer agreement, and shall operate the same indoor fishing place in the neighboring Si/Gun of Suwon City and Suwon-si by May 24, 2027, ten years after the date of the instant business transfer, or a third party.