コーヒーショップを譲渡した後、近くにコーヒーショップをオープンした事業主に対する裁判所の判断は?=韓国
What is the court's ruling on a business owner who opened a coffee shop nearby after transferring his old one? (South Korea)
After a franchise coffee shop was transferred, a court issued a ban on a business owner who opened a new coffee shop in the neighborhood.
On the 23rd, the 22nd Civil Division of the Ulsan District Court ruled that Mr. A, the owner of a coffee shop, had filed a lawsuit against another coffee shop owner.
In August 2022, the company announced that it had accepted the provisional injunction against the owner of the franchise store, Mr. B, in Yangsan, Gyeongsangnam-do.
Mr. B, the owner of a Coffee Shop franchise, received 150 million won (approximately 16.57 million yen) in royalties from Mr. A, and acquired business facilities and equipment, business partners, business know-how, and business benefits based on location.
However, in June of this year, Mr. B opened another franchise coffee shop and started business. The location of the shop is only 1.4km away from Mr. A's coffee shop.
Mr. A filed a provisional injunction with the court, claiming that Mr. B was violating the prohibition on management.
The court cited this provisional injunction in determining that Mr. B had violated the Commercial Code.
The Commercial Act stipulates that when a business is transferred, unless otherwise agreed, the transferor is prohibited from conducting the same type of business in the same special city, metropolitan city, city, or county, or in an adjacent special city, metropolitan city, city, or county, for ten years.
The court took into consideration the fact that when Mr. B initially transferred the coffee shop to Mr. A, he had agreed to hand over all of his clients and locational advantages.
Both Mr. A's coffee shop and the newly opened Mr. B's coffee shop are located in a specific industrial complex. When Mr. B opens his business, he receives a lot of customers.
The court ruled that A would suffer damages due to the overlapping of the two factors. The court ordered B to "prohibit business from taking place until the final judgment on the merits or until August 2032, 10 years after the date of the contract, and if he violates this,
"The court ruled that A must be paid 500,000 won (approximately 55,247 yen) per day."
2024/10/23 20:56 KST
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