1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In around 2013, the Plaintiff acquired and operated the “D Teaching Institute” (hereinafter “Plaintiff’s Private Teaching Institute”) located in Mapo-si C (hereinafter “Plaintiff’s Private Teaching Institute”).

B. The Defendant, who was in office as the vice-president of the Plaintiff’s driving school before acquiring the instant driving school, was in charge of the middle-school class study, and after receiving the instant driving school, was in charge of the high-school class study.

C. On May 31, 2017, the Defendant established and operated the “EMA” in the vicinity of the Plaintiff’s private teaching institute (hereinafter “Defendant’s private teaching institute”).

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, 6, and 9 (including virtual numbers), Gap evidence 2, the video of Gap evidence 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The summary of the assertion 1) The Defendant used personal information, such as the student who was acquired while working at the Plaintiff’s educational institute to establish the Defendant’s educational institute and his parent’s telephone number, school attendance, etc., which is the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

(2) The Defendant, while serving as the deputy president of the Plaintiff’s driving school, actively used the information on the students of the Plaintiff’s driving school in preparation for the establishment of the Defendant’s driving school. The Plaintiff, as the deputy president of the Plaintiff’s driving school, conspired the students of the Plaintiff’s driving school to participate in the business by promoting the Plaintiff’s resignation and commencement of business. This is a breach of trust against the Plaintiff, who violated his duties as the deputy president.

3) Therefore, the Defendant is obligated to pay the Plaintiff the lost profit (30,780,000 won and damages for delay equivalent to the tuition fees) that the Plaintiff could have earned by committing the above act of breach of trust and illegal acts violating the Unfair Competition Prevention Act.

(b).