A. The Plaintiff around 200 included education for elementary, middle and high school students, and reported to a lifelong educational establishment under the Lifelong Education Act, and operated a cultural center from around that time.

B. In around 1998, the Defendant (the former trade name refers to a person who works for a stock company) registered as a lifelong educational establishment in the vicinity of the cultural center operated by the Plaintiff (at the time of the change, “Social Education Act” was included, and was amended to “Lifelong Education Act” on August 31, 1999), and suspended its business since 2009, and reported to a lifelong educational establishment on June 201 and operated the cultural center again thereafter.

C. Specifically, around May 2012, the Defendant made an advertisement to recruit students including the purport that 50% of tuition fees be discounted (the semi-value tuition policy) and the content that “the nationwide minimum price of lecture fees for cultural centers is 80% SAVE,” and operated a business including various lectures for elementary school students from June 7, 2012 to August 2013.

On the other hand, the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) was amended by Act No. 10916 on July 25, 201 (hereinafter “former Private Teaching Institutes Act”) and the main contents of the Act before and after the amendment are as follows.

Article 2-2 (Types of Private Teaching Institutes) (1) The kinds of private teaching institutes shall be as follows:

1. A private teaching institute for school curriculum: A private teaching institute that teaches young children defined in subparagraph 1 of Article 2 of the Early Childhood Education Act or persons with disabilities falling under any subparagraph of Article 15 (1) of the Act on Special Education for Persons with Disabilities, Etc. or teaches the school curriculum under Article 23 (3) of the Elementary and Secondary Education Act;

2. Private teaching institutes for lifelong education or vocational education: Private teaching institutes aimed at providing lifelong education or vocational education (hereinafter referred to as "private teaching institutes") other than those under subparagraph 1.