1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance, the court of first instance has sufficient grounds for citing the reasoning of the judgment (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and determination of issues).

The reasons to be stated by this court are the same as the reasons of the judgment of the first instance except for the following additional or further portions, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The following shall be added from the fourth page of the first instance judgment to the part added or used in the appellate trial:

In addition, when comprehensively considering the progress of the desired retirement and the details of the preparation of the agreement, the following contents are added to the judgment of the court of first instance, "The nature of the money that the defendant decided to return the desired retirement allowance to the plaintiff company in the event of the violation of the agreement of prohibition of the competition of this case shall be assessed not to be a penalty but to be an estimate for compensation, and half or more of the amount shall be reduced."

In addition, Article 742 of the Civil Code provides that the payment of the desired retirement allowance of this case at the time of eight months after the company expressed its intention that the company is not liable for payment of the desired retirement allowance to the defendant constitutes a debt repayment under Article 742 of the Civil Code, and thus the plaintiff company cannot seek the return thereof to the defendant. In addition, Article 5 of the first instance judgment provides that "The plaintiff company shall not take into account the following circumstances, such as facts or circumstances, and relevant legal principles."

No. 6 of the first instance judgment, from the last 6th to 7th 5, the corresponding section "No. 5" shall be followed as follows.

"No.4." Although the Plaintiff Company made a desired retirement in accordance with the plan for the reduction of human resources, each of Gap evidence No. 4, No. 3, No. 6, 13, and No. 18 is already set up by the Defendant as a person subject to voluntary retirement.