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서울북부지방법원 2016.06.03 2015가단122072
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. Facts constituting the basis for no dispute between the parties;

A. For about 20 years, Defendant B had operated a Bospering Private Teaching Institute teaching all subjects, including English and academic studies, against elementary school students in the second floor of the D Building in Seoul, Jung-gu (hereinafter “instant private teaching institute”). Defendant C has operated a Bospering Private Teaching Institute in the trade name of the third floor of the building.

B. On October 2014, Defendant B transferred the right to the instant private teaching institute to the Plaintiff (the content of the instant contract for the transfer of right is as disclosed on Attached 1. (Transfer of Rights; hereinafter “instant contract”); Defendant B separately entered into an employment contract with the Plaintiff on November 2014 as indicated on Attached 2. (Labor Contract). Defendant B expressed his intent to terminate the said employment contract to the Plaintiff on March 2015 after the lapse of the month; Defendant B transferred the instant private teaching institute (the Plaintiff acquired the right to the private teaching institute of this case by transfer of the right to the private teaching institute of this case; hereinafter “G”) to another private teaching institute.

2. Determination as to the cause of the instant claim by the Plaintiff

A. The Plaintiff asserts as follows as the cause of the instant claim and sought joint compensation of KRW 59,40,000,00 from property damages incurred due to such joint tort against the Defendants.

(1) The Defendants conspired with the instant contract and the instant contract and the duty to maintain business confidentiality and to maintain competitive business (Articles 11 and 12 of the said employment contract) to which they were attending the instant private teaching institute (in particular, the students, who arranged to move Defendant B to Defendant C, were students with very good grades to contest 1,2, etc. from half to half).

(2) "이 사건의 핵심은, 피고 B이 초등학생 전문인 E(☞ 이 사건 학원)에 저학년 학생의 유입이 없어 경쟁력이 없어지고...

A person shall be appointed.

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