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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who has completed business registration with the trade name of “G” (hereinafter “Plaintiff beauty room”) at the store specified in paragraph (1) of the claim, and H is a person who actually operates the Plaintiff beauty room with the Plaintiff’s husband.
(The plaintiff and H operate the plaintiff beauty room together, share economic interests, and do not specifically distinguish both the plaintiff and the defendants, so all of them are "the plaintiff" hereinafter). (2)
From January 13, 2011 to February 28, 2018, Defendant B served as the beauty artist of the Plaintiff beauty room, and Defendant C as the beauty artist and beauty art assistant of the Plaintiff beauty room from June 2012 to August 31, 2017.
On April 1, 2017, the Plaintiff entered into a free occupation contract with the Defendants.
(hereinafter “instant contract”). The main contents of the instant contract are as follows.
The free occupation contract (contract) contract and the defendants shall enter into a free occupation contract (contract under the Civil Act) for the efficient completion of their work as follows:
Article 4 (Form of Contract) (1) The Defendants may perform their duties as the Hague-darner under a free contract, such as starting and ending work as free, and in line with the customer’s visit time.
(2) Each person shall perform his/her duties freely and creatively, and he/she shall provide customers with services according to his/her own technology and capabilities.
Article 6 (Contract Amount and Damages for Delay) The form of contract amount shall be 40% (Defendant C shall be 33%) of the turnover (excluding 10%).
Article 9 (Prohibition of Competitive Business) The Defendants may not open (including a person who actually participates in business management and operation even in the name of the opening or in the name of another person) within at least 500 meters from the half of the Plaintiff’s beauty room for at least two years after the termination of the contract with the Plaintiff, and even after the expiration of the date, a personal brand used by themselves under paragraph 2 may not be used.
C. The Defendants are retired from the Plaintiff beauty room.