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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. The Plaintiff is a company whose purpose is non-destructive testing and related business.
On May 23, 2012, the Defendant entered into an agency contract for non-destructive testing with the Plaintiff at the office of Ulsan-gu, Ulsan-gu, and performed non-destructive testing services in the name of the Plaintiff from the customer, and conducted non-destructive testing business in a manner that pays a certain percentage of fees to the Plaintiff during sales and makes the remainder of profits.
B. By April 2014, the Defendant engaged in non-destructive testing pursuant to the above agency contract, and entered into a contract on April 29, 2014 on the transfer of all business, including various inspection equipment owned by the Defendant, and employees employed by the Defendant, to the Plaintiff at KRW 385,00,000, and entered into an employment contract with the content that the Defendant would receive KRW 4240,000 from May 1, 2014 and would be employed as the Plaintiff’s employee.
C. However, the Defendant: (a) concluded an agency contract with H Co., Ltd. under the name of H to provide non-destructive testing services by using the equipment owned by the Plaintiff and its employees, including J and K; and (b) concluded a non-destructive testing service contract with H to the effect that, on April 30, 2014, the Defendant is obliged to provide services using the Plaintiff’s human and physical facilities, etc.; (c) without notifying the Plaintiff on April 30, 2014; and (d) provided non-destructive testing services under the name of H Co., Ltd. (R Co., Ltd. (hereinafter “H”); and (d) concluded an agency contract with H to provide non-destructive testing services by paying a certain rate of fees to H to the remainder of the sales revenue; and (e) concluded the non-destructive testing service contract with H to obtain profits from the remainder; and (e) conducted services using the Plaintiff’s personal and physical facilities; and (e) received money from H to the Defendant’s account in the name of H to 56, 194,2.