1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a person who operates the “D Seocho Branch Private Teaching Institutes” on the sixth floor of the Seocho-gu Seoul Metropolitan Government building 3, and the Defendant is a person who operates the “F Teaching Institutes” from January 9, 2013 to the fifth floor of the Seocho-gu Seoul 20 meters distance from the Plaintiff’s Private Teaching Institutes (hereinafter “Defendant Private Teaching Institutes”).

B. From December 28, 2011 to March 31, 2012, the Defendant served as a senior senior scientific instructor of the Plaintiff’s Institute, and the period of training for three months has expired until March 2012, and concluded an employment contract with the Plaintiff.

[Grounds for recognition] The items of evidence Nos. 1, 2, and 6 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant violated the duty of prohibition of competitive business under the employment contract with the plaintiff, and thus, the defendant is obligated to compensate the plaintiff for the penalty of KRW 100 million as stipulated in the above contract.

B. The Defendant’s assertion that the agreement on the prohibition of competitive business under the employment contract between the Plaintiff and the Defendant is null and void in violation of Article 103 of the Civil Act, and even if the agreement on the prohibition of competitive business is valid, the penalty provisions shall be deemed null and void in violation of Article 103 of the Civil Act due to excessive amount.

3. Determination on the validity of an agreement prohibiting competition

A. Fact-finding 1) Contents related to an employment contract: (a) Total annual salary amount under the contract of employment contract (48,00,000) KRW 4.0,00,000 shall be paid by Section B (Defendant) and the tax on the above income may be withheld and paid by Section B (Defendant). Three months shall be extended, but Article 8 (Prohibition of Competitive Business) (1) that is changed to KRW 4,616,000 during the contract period as well as for three years after the termination of this contract, not only during the contract period, but also during the period of three years after the termination of this contract, it shall not start up or operate a private teaching institute of the same or similar type as Party A, or transfer it to a private teaching institute of the same or similar type as Party A. (3) In the event of violation of this provision, Section B shall be compensated for the penalty amount (100,000,000,000) in addition to damages.