1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On January 2016, the Plaintiff agreed to operate a restaurant business with the Defendant, and established the E Co., Ltd. (hereinafter “instant company”) with the representative director as the Defendant as the Defendant of the building D in Gyeyang-si, 202 as the principal office, and around January 2016.

The Plaintiff and the Defendant agreed to hold half of 1,00 shares issued by the instant company, and to bear 50% of the expenses incurred in running restaurant business in the name of the instant company, and to distribute profits from the said business at the same rate.

(hereinafter referred to as “instant trade agreement”). (b)

On March 21, 2016, the instant company entered into a franchise agreement with F Co., Ltd., a restaurant business operator (hereinafter “F”), and with F’s franchise store, the instant company entered into a restaurant agreement with F to operate a restaurant that sells subjects, pones, ices, etc. at the location of the principal office of the instant company, and to pay F a franchise fee, educational expenses, etc.

(hereinafter referred to as “instant franchise agreement”). The main contents of the instant franchise agreement relating to the instant case are as follows:

Article 19 (Obligation to Maintain Confidentiality) B (this case’s Company) or B’s employees shall maintain confidentiality in connection with know-how, operating manuals, and other trade secrets corresponding thereto provided by A (F), and shall not print, reproduce, lend, disclose, or divulge any other trade secrets without A (F)’s permission.

Article 20 (Obligation of Prohibition of Competitive Business) (A) No company (instant Company) shall carry on the same kind of business as that of A (F) under its own or a third party’s name without permission during the duration of this Agreement, without permission of A (F).

C. Meanwhile, the franchise disclosure statement provided by F at the time of entering into the instant franchise agreement provides for a duty not to engage in competitive business with the effect that “the franchise business operator is prohibited from engaging in the same type of business as the franchisor in his or her own name within the duration of the contract without the permission of the franchisor.”

The plaintiff and the defendant of this case.