1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 1, 2015, the Defendant drafted an instructor contract with the Plaintiff operating the “E English Private Teaching Institutes” (hereinafter “Plaintiff’s Private Teaching Institutes”) in Gwangju Mine-gu, the Republic of Korea, in Seoul.

Article 2 (Term of Contract) The term of contract of the plaintiff and the defendant shall be one year from the date of this contract.

Article 12 (Confidentiality)

7. (Prohibition of Change of Position) The defendant shall not engage in the same kind of affairs or establish a same company for 12 months after the termination of a labor contract with the plaintiff due to resignation, dismissal, or any other reason;

Provided, That this shall not apply where the plaintiff's place of business deviates from 5 km radius.

Article 13 (Compensation for Damages) Any party who has breached or breached this contract shall compensate the other party for the amount equivalent to three times the amount of damages caused by the contract or the amount of damages agreed to below, whichever is greater, and falls under Articles 7, 8, 10 (3) and (4), and 12, and any damages not designated in the contract shall be determined in accordance with general commercial transactions.

3. In a case where the above Article 12 is violated, 5,000,000 won per student shall be paid to the Plaintiff as damages. If the Defendant actively committed activities to attract students (such as pay wireless telephone, SNS, Kaxoto program, and letter) and violated Article 12, it shall be deemed to be “the violation of intention” and KRW 10,000,000 per student shall be paid to the Plaintiff as damages.

Whether or not the above intentional violation has the burden of proof to the defendant.

B. On February 3, 2016, the Defendant retired from the above English Private Teaching Institute, and the same year.

3.1. The Plaintiff’s educational institute established and operated the International English Private Teaching Institute (hereinafter “Defendant’s educational institute”) in Gwangju Northern-gu, about approximately 2.2 km away from the Plaintiff’s educational institute in a straight line.

At the time of the defendant's retirement, J, K, L, M, N, and O students, etc. who had the plaintiff's educational institute, were transferred to the defendant's educational institute.

[Ground of recognition] The fact that there is no dispute, Gap 1, 3-1 to 5, Eul 1-9, 1-13 to 1-15, 3, and oral argument.