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(영문) 서울중앙지방법원 2016.12.02 2016가합507906

위약벌 및 손해배상 청구의 소

Text

1. The Defendant’s KRW 350,000,000 as well as 6% per annum from November 4, 2015 to December 2, 2016 to the Plaintiff.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence 1 to 4:

The plaintiff is a legal entity that operates a private teaching institute to prepare for the Pharmaceutical College Admission Examination (PET), dental education entrance examination (MET, DET), etc., and the defendant is an instructor who teaches the physical subjects.

B. Around December 20, 2012, the Defendant entered into a contract with the Plaintiff under the following terms and conditions (hereinafter “instant contract”), and provided lectures at a private teaching institute operated by the Plaintiff from around December 2012.

Article 1 (Basic Principles) The term “A” shall have the obligation to pay lecture fees according to this Agreement and to pay them in good faith for all related activities, such as the lecture of the driving school of “B (the Defendant refers to the Defendant)” and the writing of teaching materials, and the term “B” shall have the obligation to faithfully perform the duties prescribed in Article 2.

Article 2 (Scope of Services, etc.)

(a)the scope of “B”’s work shall be set out in all relevant matters, including lectures and online lectures;

(b) The process that “B” calls for a lecture in “B” shall be set out as the process of incorporation into the MET/DET/PET/PET/C, and shall proceed in consultation between “A” and “B” for the subsequent process of opening “A”.

(c) The period of demotion shall be the contract between December 2012 and August 2016 and shall be extended thereafter;

The hours of lectures and lectures shall be determined through consultation with the schedule of a school and other instructors.

(e) after entering into an agreement with the Company “B”, there may be no lectures (or lectures, such as lectures of private teaching institutes, online lectures, etc.) from other companies of the same industry (MET/DET/PET/PET/K courses) for the duration of the agreement with the Company “B” without Party A’s consent.

(f) online lectures may be conducted through external companies;

Article 3 (Lecture Fees and Payment Method)

(a) the lecture fees for private teaching institutes;