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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a superior company that provides services for holding funeral and wedding events through prepaid installment transactions by inviting members and supplies incidental goods.
B. On January 13, 2014, the Defendant entered into an entrustment contract with the Plaintiff and a specialized designer (hereinafter “designer”) and was working as a designer who recruited, maintained, and managed the Plaintiff’s ordinary members and received allowances therefor. On August 1, 2014, the Defendant entered into an agreement on the business of the head of a branch office (hereinafter “branch office consignment contract”) with the Plaintiff on August 1, 2014, and operated the Plaintiff’s mountain area as the head of a branch office from around that time to May 29, 2015.
(c) Of the consignment contracts for designer and branch office, the contents pertaining to this case are as follows:
Article 2 (Definition of Terms) of the Trust Contract for Designer
8. The term "same-class enterprise" means an enterprise that runs the business of providing services for funeral or wedding and goods incidental thereto (including an enterprise that vicariously conducts part of its business, such as business operation and invitation of members);
Article 19 (Indemnification) (1) In cases where a designer falls under any of the following subparagraphs, the company may claim damages against the designer:
5. Where the member of a company is transferred to the same kind of company or is recommended to transfer the member of the company to another company.
9. Where a designer changes his/her position to a "same-class enterprise" within one year after the termination of the entrustment contract, he/she shall compensate for the maximum amount of allowances calculated by adding up the allowances for the six months immediately preceding the violation (six months before the termination of the entrustment contract, in cases of violation of Article 19 (1) 9) and the total sum of the allowances for the six months immediately preceding the violation, in cases of violation of Article 20 (Penalties) 4 and 6, 7, 8 (2), 19 (1) 2, 5 through 7, and 9 (six months before the termination of the entrustment contract);
The duties delegated by the head of a branch office under Article 1 (Delegation Affairs) of the Entrustment Contract for the Head of a Branch Office shall be as follows:
1. A designer under the contract entered into for the entrustment of the work of a superior designer who belongs to a branch (referring to the branch in which the branch office is managed and operated; hereinafter the same shall apply);