The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On May 28, 2018, the Defendant operated D Language Private Teaching Institutes, a foreign language private teaching institute, in Jung-si, Jung-si, the Government-si.

From May 28, 2018 to May 27, 2019, the term of the contract with E is the head of a branch office in charge of overall branch affairs, such as business, lecturer management, customer management, administrative affairs, etc., and entered into a labor contract with E to receive annual salary of KRW 21.6 million per month (hereinafter “instant labor contract”) and an annual salary contract with E, and worked as the head of a branch office at D Language Research Institute.

B. At the time of the instant contract with E, the Defendant agreed not to encourage or induce other companies to take employment, take lectures, etc. using personal information, such as the instructors and students of D Fishing Schools, and contact numbers of parents, which was acquired during the period of one year from the termination of the contract, as well as to not engage in any act that may undermine the user’s interest, such as the establishment of a private teaching institute similar to D Fishing Institutes and the participation in its management (hereinafter “instant agreement”).

(c)

On March 5, 2019, the Plaintiff, as his father, succeeded to the status of the employer of the instant labor contract between the Defendant and the Defendant by taking over the business of D Fishing Private Teaching Institutes from E and operating it.

(d)

On the other hand, the defendant retired from D Fishing Schools on April 7, 2019, and around July 2019, as well as her husband F around 3.4 km from D Fishing Driving Schools, opened the H Fishing Driving Schools from G to G in the Government-Si of Jung-si, about 3.4 km from D Fishing Driving Schools, and worked as the representative, and the defendant as the president.

[Ground of recognition] Unsatisfy, Gap evidence of Nos. 1 to 6, Eul evidence of No. 2 to 4, and the purport of the whole theory

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion is that the Defendant, while serving in the D Fishing Driving Institutes, solicits parents to attend the D Fishing Driving Institutes by using personal information, such as the instructors and students of D Fishing Driving Schools, and the contact information of parents, and requests students working in D Fishing Driving Schools to take lessons at H Fishing Driving Schools.