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(영문) 광주지방법원 2019.11.28 2018가합59491
부정경쟁행위금지 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the beauty art room in Gwangju Mine-gu C and 2 with the trade name “D store” (hereinafter “Plaintiff beauty room”), and the Defendant is a person who works in the beauty art room from January 5, 2017 to June 10, 2017 as a hlodyer in the above beauty art room, and is operating by opening the beauty art room with the trade name “F” (hereinafter “Defendant beauty room”) from December 1, 2017, Gwangju Mine-gu E and the second floor (hereinafter “Defendant beauty room”).

Article 3 [Period of Contract] ① The period of this Agreement shall be from January 1, 2017 to December 31, 2017.

Article 6 [Other] Paragraph 3: (Prohibition of Concurrent Operation) The defendant may not transfer to another company of the same industry (the same Gu or Dong) at least one year after the termination of the contract with the plaintiff, and the opening of the business (including the opening of the name or another person, even if it is in the name of the principal or another person), within 4 km radius from the half of the plaintiff's store.

Even after the lapse of the date, the personal brand used by the principal under paragraph (2) shall not be absolutely used.

[Violation and Termination of Contract] Paragraph (3) of Article 7: (Penalties) Where either the plaintiff or the defendant terminates the contract during the contract period without justifiable grounds for termination of the contract under the above paragraph, the other party may claim a penalty against either party.

1. If a property loss occurs to the plaintiff due to a cause attributable to the defendant, the defendant shall be liable for such loss.

(1) The average monthly income distribution method shall be calculated on the basis of 12 months before termination of the contract, but where the beauty service period is shorter, it shall be based on the average monthly income distribution period.

(2) The amount of monthly income distribution under paragraph (1) 】 amount of 12 months may be determined and claimed as compensation standards.

B. On January 5, 2017, the Plaintiff and the Defendant: (a) “Free Employment Income Contract” (hereinafter “instant contract”) containing the following details.

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