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(영문) 서울고등법원 2019.01.09 2017나2072677

전직금지 등

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

. Support for the production activities of instructors; and

5.The basic nature of this Agreement shall be limited to the category of the agreement, but may take the form of some employment contracts, depending on circumstances.

Article 4 (Treatment of Instructors) The treatment of instructors, including tuition fees, which a company pays to instructors, shall be determined as follows:

1) The Company shall pay 180,000 won per one hour of the actual lecture of a private teaching institute (50 minutes) to an instructor. 2) Real-time hybrid course is Gangnam 1 camp, Gangnam 2 camp, new village camp, Busan Camp, 30% of the actual sales after deducting taxes and fees, and 20% of the actual sales in the case of the rest of campus.

3) Online and video lectures (including video recordings) shall be paid 25 per cent of the actual sales after deducting taxes and fees (or 20 per cent in the case of video recording; 20 per cent in the case of video recording.

(iv)in the case of real-time hybrid courses and video recording courses, tuition fees shall be paid if the number of participants is not less than 10;

5) Separately, gold KRW 80 million shall be paid as research expenses.* 800 million shall be paid as down payment. Article 5 (Rights and Duties)

1. The company has a duty to provide lecture rooms so that instructors can smoothly engage in lecture activities, and the company may establish the lecture room with a right to distribute the lecture room in order to secure the profitability of the business, and the real-time lecture in the same campus may be established when the number of persons accommodated in the maximum lecture room of each campus exceeds the number of persons accommodated in the campus;

2. The Company is obligated to provide assistance as provided for in the Additional Arrangements of Article 3 so that instructors may produce high-quality content, and the Company shall have the right to exclusively develop all kinds of products by using the content it produces.

3. The Company shall provide the lecturers with support, such as market analysis, product planning, etc., so that the lecturers’ lectures and content may obtain response in the market, and the lecturers shall actively cooperate in the product planning of the Company.

4. The Company shall engage in marketing activities, such as advertising instructors' lectures and contents, in order to secure the profitability of the Company.