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(영문) 광주지방법원 2018.06.22 2017가단525666
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From September 10, 2015, the Plaintiff has been operating a Bohit Driving Schools (hereinafter “instant Private Teaching Institutes”) under the trade name, i.e., Gwangju Mine-gu D and 402.

B. Around March 2016, the Plaintiff entered into an employment contract with Defendant B to pay 2.3 million won monthly tuition fees to Defendant B as fixed wage and 50% of tuition fees to Defendant B’s high school students.

C. Around June 2016, the Plaintiff entered into an employment contract with Defendant C to pay 50% of the tuition fees to Defendant C’s strong students in return for the lectures in English at the weekend of the instant private teaching institute.

around April 2017, the Defendants retired from the pertinent private teaching institute, and opened the KGGK under the trade name, i.e., Gwangju Mine Office, the main office of the instant private teaching institute on May 2017, and 200.

E. On May 2017, some students enrolled in the instant private teaching institute were transferred to the Plaintiff’s driving school, which the Defendants moved to the Plaintiff’s driving school.

[Reasons for Recognition] Each entry in Gap evidence 1, 2, and 3 (including branch numbers), and the purport of the whole pleadings

2. At the time of the instant employment contract and at the time of retirement, the Defendants agreed not to operate, or not to serve as an instructor, a private teaching institute with the same lectures in the H district in the Gwangju Mine District where the instant private teaching institute is located. This is attributable to the Plaintiff’s assertion that the instant private teaching institute takes lessons from the instant private teaching institute by hiding their retirement status individually contact 44 students of the instant private teaching institute and hiding their retirement status, and that the Plaintiff moved the place from the instant private teaching institute to the said private teaching institute by means of deceptive scheme, such as: (a) having induced them to their own private teaching institutes; (b) having them reduced or exempted tuition fees; or (c) having them free use of the reading room.

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