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(영문) 수원지방법원성남지원 2016.03.25 2015가단212847
손해배상(기)
Text

1. The Plaintiff; Defendant B shall be KRW 42,00,000; Defendant C shall be KRW 31,200,000; and each of the above amounts shall be from July 15, 2015.

Reasons

1. Facts of recognition;

A. On June 26, 2014, the Plaintiff acquired the “F” of the third Eth E from Nonparty D (hereinafter “instant private teaching institute”) in KRW 120,00,000 for facilities and key money. On August 21, 2014, the Plaintiff concluded an employment contract (hereinafter “each of the instant employment contracts”) with the Defendants who had previously worked on August 11, 2014 through August 10, 2015, with the term of contract from August 10, 2014; annual salary of KRW 42,00,000 (Defendant B); and KRW 31,200,000 (Defendant C) respectively.

B. The Plaintiff and the Defendants agreed to the effect that “i.e., when the Defendants are leaving their office and work for a private teaching institute, they shall be prohibited from leaving their employment within at least six months within the same region as that of the Plaintiff’s private teaching institute (within the nearest 5km).” If the Defendants violate the above (i) content, they shall compensate the Plaintiff for the amount equivalent to one year’s annual salary with penalty.” On August 21, 2014, the Defendants signed to the effect that “In the event they are in violation of the above (ii) the Plaintiff shall be liable to compensate the Plaintiff for the amount equivalent to one year’s annual salary.” On August 21, 2014, the Defendants promised to comply with the duty of confidentiality of the private teaching institute’s occupational secrets and confidential information or documents, etc., not being used outside or against the interests of the private teaching institute, and that they shall comply with the duty of confidentiality of annual salary amount.

(hereinafter collectively referred to as “instant arrangement”). (c)

Defendant C retired from the instant private teaching institute on February 2, 2015, and Defendant B retired from office on February 9, 2015, and Defendant B operated a public room in G apartment near the instant private teaching institute even before retirement.

In addition, on March 4, 2015, Defendant B entered into a lease agreement with respect to H 301 at the 133m distance from the instant private teaching institute and registered the establishment and operation of the private teaching institute in the name of “I” on March 19, 2015.

Defendant C served in the above “I” and approximately 50 students registered in the instant educational institute are the above “I.”

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