손해배상(기)
1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:
1. Facts of recognition;
A. The Plaintiff is an operator of a “D” private teaching institute located in Seoul (hereinafter “Plaintiff’s private teaching institute”) that provides lectures related to testing as military public officials and military noncommissioned officers. The Defendant is an operator of E who produces and sells teaching materials for education, and an actual operator of a G driving institute (hereinafter “Defendant’s private teaching institute”).
B. On February 16, 2016, the Plaintiff entered into a video contract with the Defendant from February 16, 2016 to February 15, 2021.
(hereinafter “instant contract”). The main contents are as follows:
Article 1 (Purpose of Contract) E (hereinafter referred to as "A") and the Plaintiff’s Private Teaching Institutes (hereinafter referred to as “B”) are aimed at stipulating the roles, rights and obligations of contractors in relation to the production of a new program in good faith for the efficient operation of the website of “B” and the operation of a private teaching institute compared to testing, such as noncommissioned Officer, Officers, Civilian Personnel, and ROC lectures, and the like video lectures.
Section 2 (Period of Contract) This Agreement shall be effective for five years from the date of conclusion of the Agreement, and shall be notified orally or in writing at least one month prior to the termination of the Agreement if the extension of the Agreement is not desired. If the notification is not made, this Agreement shall be automatically extended every one year in the same terms of the Agreement.
Article 3(1)(1) The website and the video lecture website shall be designated and have the authority to operate and manage them.
(2) A produces a lecture provided by B as a video, and A bears all the production and service of the video lecture for the practical lecture of a private teaching institute (such as the operating cost, the electronic filing cost, the video programming server cost, etc.).
(3) A shall pay 50% to B 50% of the amount of online tuition fees (excluding teaching material fees) excluding financial fees (PGG fees) and other mutually agreed expenses in making lectures of B as video and selling online lectures to students.
(4) A is on the last day of each month.