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(영문) 서울서부지방법원 2018.10.18 2017가합32237
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. The Plaintiff and the Defendant’s employment contract (1) was established around 2007 and operated C&A (hereinafter “instant private teaching institute”), and the Defendant joined the Plaintiff in April 2009.

(2) The Plaintiff and the Defendant drafted an employment contract on November 4, 2009, and the said employment contract contains the following: (a) the content that “it exceeds the right to operate the company at the time of retirement even if it was created and operated by an individual, such as a camera or blob,” and (b) the annual salary contract was prepared on July 1, 2010; and (c) the said annual salary contract contains the following: (a) the Defendant created and operated a carpet or blob, etc. related to the Plaintiff upon termination of the contract.”

(hereinafter referred to as the above two agreements are collectively referred to as the "instant special agreement". B.

(1) On March 30, 2010, the Defendant opened an Internet camera (around January 2013, 2013, the name “D” was changed to “F(FG)” under the name of the Internet camera (E and after January 2013, hereinafter “the instant camera”) with a view to assisting the Plaintiff in attracting the students of a private teaching institute while working as the Plaintiff’s counseling agent, and managing and operating the instant camera.

C. On May 31, 201, the Plaintiff: (a) established a private entrepreneur with the trade name of H; and (b) agreed that I will take over all the students, employees, instructors, and instructors of the instant driving school; and (c) the Plaintiff’s website, carpets, blobs, and all other marketing resources, which the Plaintiff used.

(2) Although I did not explicitly prepare an employment contract or annual salary contract with the Defendant after acquiring the pertinent driving school from the Plaintiff, the Defendant shall attract and manage the students of the instant driving school.

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