2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a person operating a private teaching institute under the name of “D Teaching Institutes” in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant private teaching institute”), and the Defendant is a person who was employed in the said private teaching institute on May 12, 201 and retired from office as a Korean language instructor of high school.

B. On April 11, 2013, the Plaintiff entered into a contract with the Defendant, setting the contract term as of April 10, 2015, under which the Defendant completed the registration as a representative lecturer of the high school of this case, taking charge of high school class classes as a representative lecturer of the high school of this case, and the Plaintiff paid 50% of the monthly sales to the Defendant during the contract term. In the event that the Plaintiff or the Defendant terminates the contract without notifying the Plaintiff or the Defendant in advance, the party who reversed the contract shall pay the other party a penalty of KRW 10 million (hereinafter “instant contract”).

C. The Plaintiff and the Defendant impliedly renewed the instant contract even after the termination of the said contract term, and the Defendant continued to practice as a representative lecturer of high school, etc., until February 26, 2017. Upon completing registration with the competent authority on March 8, 2017, the Plaintiff and the Defendant sought to open the Korean language private teaching institute in the name of “F Teaching Schools” (hereinafter “instant teaching school”) in the building located in Gangnam-gu Seoul, Seoul, which is neighboring the instant teaching institute.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. On February 4, 2017, without any prior notice to the Plaintiff, the Defendant asserted that he/she leased a building immediately adjacent to the instant private teaching institute and prepared to open the Korean language teaching school, and left the school on February 26, 2017, and thus, he/she is obliged to pay a penalty of KRW 10 million as stipulated in the instant contract.

In addition, the defendant is running a course of study in an unfaithd manner to prepare for retirement, and the sale of the Korean language of the high school in January and February of 2017 of this case was reduced rapidly, and the plaintiff is moving back due to the defendant's sudden retirement.