영업금지등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence 1, 2, and 3, taking into account the overall purport of the pleadings:
On June 3, 2016, the Plaintiff established and operated a private teaching institute for beauty art, which is called “J” (hereinafter referred to as “Plaintiff’s private teaching institute”) at Jeonjin-gu, Seoul Special Metropolitan City.
B. From June 3, 2016, Defendant C and D were the chief of the Plaintiff’s Institute of Research and Development, the team leader, and Defendant E and F were employed by the business department and the management department of the Plaintiff’s Institute of Research and Development from November 1, 2016, and retired on February 16, 2017.
C. On June 3, 2016, Defendant C and D entered into an employment contract with the Plaintiff (hereinafter “instant contract”) on November 1, 2016, Defendant E and F, and the major contents of the relevant contract are as follows:
A labor contract (user lectures) J Jeonju Campus (hereinafter referred to as "A") and C, etc. (hereinafter referred to as "B") shall conclude an instructor's employment contract (hereinafter referred to as "this contract") as follows:
Article 8 [Retirement] (1) In case of retirement, the retirement physician shall be notified to “A” at least two months in order to ensure the smooth and stable administration of school affairs, and his successor shall be selected from among his/her successors, and his/her successor shall be appointed in good faith.
The "B" shall compensate for the damage caused to "A" due to the deficiencies of the work transfer system.
(2) When a person intends to start a business in the same type as the place of business of "A" after retirement, he/she shall not start a business within 5 km in radius from the place of business "A".
For one year, no one shall be employed only by the department inviting students of beauty art institutes, and shall compensate two times the tuition fees for the course damaged, and shall calculate the amount that may be additionally connected and compensate for the amount equivalent to two times the amount of such tuition fees for the same type of business.
(3) Where a person leaves his/her house without permission.