1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff operated D’s Private Teaching Institutes (hereinafter “Plaintiff’s Private Teaching Institutes”) on the C and the 2nd floor in Mosung-si, and the Defendant entered into an employment contract with the Plaintiff on June 15, 2015, and thereafter, took charge of English lessons at the Plaintiff’s Private Teaching Institutes.

B. On November 9, 2015, while working at the Plaintiff’s private teaching institute, the Defendant drafted an instructor contract stating the details of the Plaintiff’s prohibition of competition business, prohibition of interference with business, compensation for damages, etc. (hereinafter “instant contract”). The main contents are as follows.

Article 12 (Prohibition of Change of Trade Secrets) (7) The defendant shall not engage in the same kind of work or establish an enterprise for 12 months after the termination of the employment contract relationship with the plaintiff's driving school due to resignation, dismissal, or any other reason.

Provided, That this shall not apply to an area that deviates from 5 km radius from the place of business of the Plaintiff private teaching institute.

or if there is a signing agreement with the Plaintiff’s private teaching institute, it shall not be applicable.

8. (Liability under the Unfair Competition Prevention Act) The Defendant is prohibited from giving personal guidance to the original students of a private teaching institute, which is the place of business of the Plaintiff’s private teaching institute, or attracting them to the Defendant’s workplace (private teaching institute, etc.) for 12 months after the termination of employment contract with the Plaintiff’s private teaching institute due to resignation

As a matter of course, even if the original students or the parents of the original students wish, the defendant shall be prohibited from giving any personal guidance to the original students.

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 larger,” and falls under Article 12, and any damages not designated in the contract shall be determined in accordance with general commercial transactions.

Provided, That this shall not apply in extenuating circumstances, such as natural disasters and national emergencies.

③ In cases where Article 12 is violated, five million won per student shall be paid to the Plaintiff’s private teaching institute as damages. The Defendant may make a statement.