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(영문) 서울중앙지방법원 2017.02.09 2015가합564773

경업금지청구 등의 소

Text

1. By December 31, 2017, the Defendant:

(a) shall not be demoted outside of a private teaching institute listed in paragraph 1 of the attached Table; and

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates a private teaching institute under the trade name “A” in order to prepare for a public official examination, etc. (hereinafter “Plaintiff’s private teaching institute”), and the Defendant is an instructor who gives lectures in English.

B. On November 6, 2014, the Plaintiff entered into a contract with the Defendant with the content that the Defendant provided English subject lectures at a private teaching institute or website with which the Plaintiff is operating or affiliated, and that the Plaintiff pays a certain percentage of the sales of the said lectures as a lecture fee (hereinafter “instant lecture contract”). The main contents are as follows.

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") enter into the following contracts with respect to all duties of private teaching institutes and Internet sites operated by "A" or operated by a person who has a contractual relationship, such as alliance, etc.:

Article 1 (Purpose) The purpose of this Agreement is to provide customers of “A” with the lecture of private teaching institutes and online lectures of public officials of “B” through private teaching institutes and Internet sites operated or affiliated by “A,” and to provide for matters such as the scope of duties and methods necessary for the development and distribution of publications related thereto, and to faithfully implement them.

Article 3 (Period of Contract) - The duration of this Agreement shall be from the date of commencement of the lecture (as stated in the period of January 1, 2015) to December 31, 2017 from the date on which the contract is prepared and sealed.

Article 5 (Contract Deposit)

1.The down payment of this Agreement shall be 150,000,000 per day gold (150,000,000).

Article 12 (Duties of “B”)

1. “B” must provide lectures and online lectures to private teaching institutes in good faith according to the schedule determined in consultation with “A” from the starting date of the lectures.

3. No lecture shall be opened and provided except the private teaching institute and site of A within the contract period without the prior approval of “A” in writing.

Article 13 (Prohibition of Transfer of Rights)