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(영문) 서울고등법원 2017.07.20 2017나2004506
경업금지 등
Text

1. The plaintiff's appeal against the defendants and the claims against the defendants altered in this court are dismissed in entirety.

2...

Reasons

1. Basic facts

A. In each real estate listed in the separate sheet No. 2, the Plaintiff is operating the “H Institute” in the name of Defendant C (hereinafter “Defendant’s private teaching institute”) on the real estate indicated in the separate sheet No. 2, and the “H Institute” (hereinafter “Defendant’s private teaching institute”) on the real estate indicated in the separate sheet No. 9 from May 9, 2016 to the attached sheet No. 1.

Defendant D has been working as a scientific instructor from May 2016 to the Defendants’ educational institutes.

B. After entering into an employment contract with the Plaintiff on December 15, 2012, Defendant B took charge of high school science and physical therapy until he/she retires from his/her school on May 3, 2016 (work for approximately three years and five months). Defendant C, from November 16, 2013, was in charge of scientific and chemical therapy in the “EAD”, and after entering into an employment contract with the Plaintiff on March 8, 2014, he/she went out of his/her office on May 3, 2016 (work for approximately two years and six months).

On May 24, 2010, Defendant D entered into an employment contract with the other party as the Plaintiff’s husband, and thereafter, Defendant D was in charge of elementary and secondary school science in the “G Private Teaching Institutes” until March 10, 201, while working until March 10, 201. Since then, Defendant D transferred the other party to “EA Research Institutes” and retired on December 25, 2015.

C. The Plaintiff and the Defendants concluded each of the above employment contracts (hereinafter referred to as “each of the instant employment contracts,” and the contract was referred to as “each of the instant employment contracts”). The amount of wages, duties, working hours, etc. were set, and the Defendants agreed on the prohibition of competition, confidentiality, penalty, and damages. The details of the agreement are as follows.

[Written Contract] (No. 3-1, 2, 3) Article 7 (Prohibition of Concurrent Office) ① The defendant is prohibited from engaging directly or indirectly in any other business or engaging in any other business for the duration of the contract, unless the plaintiff's prior consent or request is made during the contract period.

② When the Defendant violates this provision, the Defendant is separate from the damages.

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