1. The Defendants shall discontinue the distribution business operated in Geumcheon-gu Seoul Metropolitan Government E.

2. The plaintiff's defendants.

1. Basic facts

A. Defendant B and C operated a restaurant with the trade name “G” in Geumcheon-gu Seoul Metropolitan Government F (hereinafter referred to as the “instant divided food store”) and a restaurant of “H” in Geumcheon-gu Seoul Metropolitan Government E (hereinafter referred to as the “H”), and Defendant D is a woman of Defendant C.

B. On June 30, 2016, the Plaintiff paid KRW 30 million to Defendant B and C, and acquired the instant subdivision points from Defendant B and C, and started and operated from July 1, 2016 to the present day.

C. On February 26, 2016, following the change of the lessor that was the first Defendant B, the lessee of the H store entered into a lease agreement to change the lessee under Defendant D’s name. However, the Defendants, on August 26, 2016, after the delivery of the instant branch point to the Plaintiff, filed a report on the general restaurant business with Defendant D and its trade name as “I” and registered the business at the same place.

(hereinafter referred to as “I”). [Based on recognition] The fact that there is no dispute over “I”, entry of Gap evidence Nos. 1, 3, 4, and Eul evidence Nos. 1 through 6, the video of Gap evidence No. 2, and the purport of the whole pleadings.

2. The parties' assertion

A. Although Defendant B and C transferred all of the window dressing businesses of this case to the Plaintiff, they operated the same window dressing business by changing the name of the business owner in the name of Defendant D, and violated the duty of prohibition of competition as a transferor of business under Article 41 of the Commercial Act. Defendant D knew that the above acts of the remaining Defendants were in violation of the duty of prohibition of competition, thereby committing tort of conspiracy and participation. Thus, the Plaintiff jointly with the Defendants, jointly sought payment of consolation money of KRW 40,00,000 for the discontinuance of the window dressing business (I) operated in Geumcheon-gu Seoul Metropolitan Government and for the Plaintiff’s mental suffering, and delayed payment damages as stated in the purport of the claim.

B. The Defendants’ assertion 1 made money from the Plaintiff as key money.