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(영문) 수원지방법원성남지원 2017.11.01 2017가단210128
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from May 19, 2017 to November 1, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates D Private Teaching Institutes (referring to the changed trade name: EM; hereinafter referred to as “Plaintiff’s Private Teaching Institutes”) in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the Defendant was working for the Plaintiff’s Private Teaching Institutes as a school lecturer from June 2012 to February 16, 2017.

Article 5 (Duty to Prohibit Infringement of Business Rights) (1) A’s duty to maintain the order in the private teaching institute market: B shall not engage in business activities leading or inducing the original students (including the closed students) of the Plaintiff and the parents of the other private teaching institute.

Personal extracurricular includes also personal extracurricular.

(2) Effect of the violation: In the context of paragraph (2) of this Article, it appears that there is any error in writing in paragraph (1).

In case of violation of B, it may be sufficiently anticipated that material and mental damage, such as infringement of the business right of Party A, may occur. Therefore, Party B shall pay the compensation for damage to Party A.

The amount of damages shall be calculated by A within the scope of ordinary damages, such as the Civil Act, and the amount shall be notified to B as content certification.

Article 7 (Agreement on Protection of Trade Secrets and Confidentiality) (1) No Party B shall divulge any trade secret (any matter deemed as Party A’s proprietary property, such as learning system and test question paper, class materials and teaching materials of Party A, private teaching institute students and parents) to any third party during the term of the contract, and use it for private interest.

The duty to protect trade secrets shall be maintained even after the contract is terminated.

(2) B shall not engage in the same kind of business with trade secrets of A during the contract period, or provide any tangible or intangible assistance to the operation of a private teaching institute in competition with B in Korea or abroad, during the contract period.

(3) Eul shall open to the local constituency in which the private teaching institute of Gap is located and the neighboring local constituency in consideration of all the information and know-how acquired while performing his/her duties in the area A, as well as the important matters of business operation and confidential information.

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