경업금지 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In each real estate listed in the separate sheet No. 2, the Plaintiff operates the “H Institute” in the name of the Defendant C (hereinafter “Defendant’s private teaching institute”) on the real estate indicated in the separate sheet No. 2, and the “H Institute” (hereinafter “Defendant’s private teaching institute”) on the real estate indicated in the separate sheet No. 1 from May 9, 2016 to May 1, 2016.
Defendant D has been working as a scientific instructor from May 2016 to the Defendants’ educational institutes.
B. After entering into an employment contract with the Plaintiff on December 15, 2012, Defendant B took charge of high school science and physical therapy until he/she retires from his/her school on May 3, 2016 (work for approximately three years and five months). Defendant C, from November 16, 2013, took charge of scientific and chemical therapy in the “EAD”. Defendant C entered into an employment contract with the Plaintiff on March 8, 2014, went out of his/her office on May 3, 2016 (work for approximately two years and six months).
On May 24, 2010, Defendant D entered into an employment contract with Nonparty I, the husband of the Plaintiff, and worked until March 10, 201 at “G Driving Schools” in charge of elementary and secondary school science. Since then, Defendant D left the school and left the school for elementary and secondary school science and retired on December 25, 2015.
C. Upon entering into each employment contract, the Plaintiff and the Defendants set the amount of wages, work in charge, working hours, etc., and agreed on the prohibition of competition, confidentiality, penalty for breach of contract, and damages of the Defendants. The specific details are as follows.
[Written Evidence Nos. 3-1 through 3) Articles 7 (Prohibition of Concurrent Office) (1) The defendant is prohibited from engaging directly or indirectly in any other business or doing any other business for the duration of the contract, unless the plaintiff's prior consent or request is made.
② If the Defendant violates this provision, the Defendant shall compensate the Plaintiff for the penalty amounting to KRW 100 million, separate from the damages.
Article 8 (Prohibition of Competitive Business) (1) The defendant is not only during the contract period, but also for three years after the termination of this contract.