Gangnam Legal Consultation Case | A Gangnam Attorney Who Took Legal Action Against a Transferor Who Breached a Non-Competition Obligation

2024.12.01김국일

The client wished to take legal action against a transferor who breached a non-competition obligation and caused harm. The client therefore came to a Gangnam attorney to request assistance.

1. The Client Who Requested a Gangnam Legal Consultation

The client who requested a Gangnam legal consultation inquired about a legal issue involving the transferor of a business.

The client's business was a major IT service provider, and even after the transfer of the company, the transferor continued to make unreasonable demands.

Specifically, despite the comprehensive acquisition agreement, the transferor demanded additional money such as key money and demanded a wage without doing any actual work.

In addition, the transferor harassed the client by using the trade name of the client's company without authorization to do business with others, and by not providing business partner information as specified in the contract.

Then, not long ago, the client happened to learn that the transferor had been continuing a competing business in the same industry even after transferring the company.

Having endured the transferor's demands while continuing the business, the client could ultimately no longer tolerate the situation once the transferor began causing actual harm by breaching the non-competition obligation, and decided to respond firmly and take legal action.

The client therefore came to a Gangnam attorney and requested legal assistance through a legal consultation.

Gangnam legal consultation non-competition

The Non-Competition Obligation Examined Through a Gangnam Legal Consultation

The non-competition obligation is one of the important legal duties in the transfer of a business, employment contracts, and the like.

It is a clause that restricts a party from engaging in a competing business in the same industry for a certain period.

This applies mainly to protect business confidentiality, to prevent competition, and to protect business partners.

Because a breach of it amounts to a breach of contract and may result in legal sanctions, caution is needed.

Response Methods Explained by a Gangnam Attorney

In a situation like the client's, where a transferor breaches a non-competition obligation and continues to make unreasonable demands, a legal response should be considered promptly.

First, it is important to gather evidence that can prove the breach of the non-competition obligation.

Direct evidence that the transferor is actually operating a competing business in the same industry is needed, and to obtain it, the business partners' information and records of business activities should be checked.

It is also necessary to clarify the harm caused by the breach of the non-competition obligation and to proceed with the legal procedures for a corresponding claim for damages or compulsory performance.

In this process, receiving help from an attorney with extensive experience in corporate matters can be helpful.

This is because an attorney can prove the breach of the non-competition obligation on legal grounds and devise legal measures favorable to the client.

In particular, systematically analyzing the content specified in the contract and the matters that were breached makes it possible to draw a favorable outcome in the litigation.

2. Assistance Provided Through the Gangnam Legal Consultation

The attorney who conducted the Gangnam legal consultation once again organized the client's case in chronological order.

The attorney then argued as follows, proving the business losses the client suffered due to the transferor's breach of the non-competition obligation.

Gangnam Attorney, Proving the Breach of the Non-Competition Obligation

The Gangnam attorney gathered evidence to prove that the transferor breached the non-competition obligation and continued a competing business in the same industry.

The attorney then submitted the secured evidence and requested that the defendant be compelled to comply with the non-competition obligation.

Gangnam Attorney, Proving the Harm and Losses Suffered by the Client

The Gangnam attorney argued that the client suffered business losses due to the transferor's breach of the non-competition obligation and unreasonable demands.

To prove this, the attorney reviewed the contract and traced the amounts the client had paid and the financial harm, and submitted them.

3. Result of the Gangnam Legal Consultation, Success in Compelling Compliance With the Non-Competition Obligation

The court accepted the evidence and arguments that the Gangnam attorney had prepared with full effort, and, accepting the client's claims, took several measures compelling the defendant to comply with the non-competition obligation, including reporting the business closure, not objecting to the waiver and disposal of ownership of other goods, and not making contact for business reasons.

The court also reached a settlement providing that the defendant would pay a substantial sum to the client each time the non-competition obligation is breached.

The Gangnam Attorney's Casebook

The above case involved a client who requested assistance from a 🔗Gangnam attorney, in order to take legal action against a transferor who transferred an IT service provider but continued to make unreasonable demands and even breached the non-competition obligation.

At Daeryun Law Firm, for corporate clients facing business-related difficulties, corporate attorneys collaborate with experts such as accountants, tax accountants, labor attorneys, and patent attorneys to establish a case response strategy.

If you are looking for a place to receive a legal consultation in Gangnam as described above, please use the 🔗legal consultation booking at any time.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.