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1. The Defendant’s KRW 30,000,000 for the Plaintiff and 5% per annum for the period from February 21, 2018 to the date of this judgment.
Reasons
1. Basic facts
A. The Plaintiff is operating a foreign language institute for elementary school students and middle school students in Gangnam-gu Seoul, Seoul, the second and third floors.
B. On November 12, 2016, the Plaintiff entered into a labor contract (hereinafter “instant labor contract”) with the Defendant, who is an English instructor, with the amount of the contract from January 1, 2017 to December 31, 2017, with the amount of KRW 4 million per month (the amount of KRW 30,000 per hour, but the amount of KRW 90,50,000 per hour, plus the amount of KRW 250,00 per hour, and the amount of KRW 250,00 per hour). The Defendant recognized that all the information and know-how acquired in the course of performing his/her duties are important business matters and confidential matters, and thus, the Plaintiff cannot work or open at the Ddong or neighboring private teaching institutes, etc., where the Plaintiff’s private teaching institute is located (hereinafter “instant labor contract”). In violation of this agreement, the Plaintiff agreed to compensate the Plaintiff for damages (hereinafter “instant damages agreement and the agreement”).
B. Around November 2017, the Defendant notified the Plaintiff that he/she had no intention to extend the instant employment contract, and the said employment contract was terminated on December 31, 2017. From January 1, 2018, the following day, the Defendant, from the Plaintiff’s educational institute, worked as a English lecturer at the F Language Research Institute located in Gangnam-gu Seoul E, Seoul, which was approximately 500 meters away from the Plaintiff’s educational institute, and retired from his/her office around September 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. The agreement on the nature of the damages agreement of this case is presumed to be liquidated damages under Article 398(4) of the Civil Act, and the agreement on the damages of this case is presumed to be the amount of damages under Article 398(4) of the Civil Act, and where the defendant works or commences work at the Gangnam-gu Seoul Metropolitan Government Ddong and its neighboring private teaching institutes within one year after the termination of the contract of this case, the plaintiff