1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that runs the business of external chain business, franchise store management business, food wholesale and retail business, etc.

B. Around January 11, 2014, the Defendant joined the Plaintiff Company and served as a pathian in the Braf page of the trade name “C” operated by the Plaintiff, and retired from the Plaintiff Company on April 2016.

C. On December 1, 2015, the Defendant, who was on the part of the Plaintiff Company, drafted a written employment contract stating eight hours per day, forty hours per week, thirty thousand won per annual salary, and the annual salary application period from December 1, 2015 to November 30, 2016.

On January 8, 2014, at the time of joining the Plaintiff Company, the Defendant signed and sealed a confidentiality note stating that “I will not use trade secrets other than approved by the Company, such as the type of the Plaintiff Company and its type, intangible products, cost, product information, other management and operation plans, and technical or managerial information useful for business activities, and will not disclose or disclose them to any third party.” The Defendant signed and sealed the confidentiality note stating “I will equally apply at the time of retirement.”

E. In addition, on January 29, 2015, the defendant will not become or participate in the other company's executive officer, director, shareholder, partner, employee, adviser, owner, or any other company engaged in the same research and business as the plaintiff company for one year during or after his/her service period. 2. When he/she violates the above paragraph 1, he/she will pay two times the annual salary of the last service year as damages to the company, and if the company's losses exceed the above amount, he/she will also pay the excess amount."

B submitted to the Plaintiff Company.

F. On April 2016, the Defendant retired from the Plaintiff Company, and was appointed as the intra-company director of D Co., Ltd. established for the purpose of food service business and food franchise business on August 9, 2016.