손해배상(기)
The judgment of the first instance court is modified as follows. A.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant) with KRW 8 million.
1. (1) On October 10, 2016, the Defendant: (a) entered into a lecturer service contract (hereinafter “instant contract”) with the Plaintiff and the Defendant, who was operating the “EAD of the instant private teaching institute” (hereinafter “the instant private teaching institute”); (b) from around that time until August 10, 2018 (on a practical basis, until August 2, 2018; and (c) operated the instant private teaching institute as an education instructor.)
(3) Under the instant contract, the instant contract provides that ① during the contract period, the Defendant’s tuition fees shall be 50% of the total amount of tuition fees that the Defendant earned from his/her lecture, and retirement allowances shall not be paid monthly income (business income) (Article 3). ② The Defendant’s duty to maintain confidential information shall not be disclosed with goods or fixtures inside a private teaching institute, and shall maintain confidential information (including matters related to private teaching institutes and students) of a private teaching institute acquired on his/her duty after the contract is terminated, and shall compensate the Plaintiff for damages incurred by disclosing or using confidential information (Article 7) (Article 7). ③ The Defendant’s duty not to engage in school-related lessons within 1 km from the private teaching institute after his/her retirement. The Defendant shall not use them for school students at any place other than the private teaching institute of this case, and shall compensate the Plaintiff for damages incurred by the violation (Article 8).
(A) From August 7, 2018, the Defendant began to establish and operate a “H education institute” in the Suwon-si Forest F and G, approximately 430 meters away from the instant educational institute’s straight line from around 295m from August 7, 2018 (hereinafter “H education institute”). The students of the previous private teaching institute.