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(영문) 수원지방법원성남지원 2017.08.18 2017가단210661

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. On January 21, 2015, the Defendant entered into a contract with the Plaintiff during the contract period from January 1, 2015 to December 31, 2017, and the annual salary from January 31, 2017 to December 31, 2017. The Defendant set the annual salary at KRW 28,00,000.

B. On January 21, 2015, the Defendant entered into a contract with Plaintiff B to December 31, 2017 with the term of contract from January 1, 2015 to December 31, 2017; the annual salary was determined as KRW 38,00,000 on the annual salary in 2015.

C. On February 16, 2016, the Defendant concluded an annual salary contract with Plaintiff B and 2016 to set the annual salary of KRW 36,00,000,000; and on February 26, 2016, the Defendant entered into an annual salary contract with Plaintiff A as KRW 28,00,000,00 for the annual salary of KRW 20.

The main contents of the contract concluded by the Defendant with the Plaintiffs (hereinafter “instant contract”) are as follows.

Article 1 Obligation of the Academy (Defendant)

2. The club shall promptly provide appropriate medical examinations and medical treatment for athletes' diseases and injuries caused by the implementation of this Agreement, and bear the costs incurred thereby.

3.All the expenses (such as physical expenses, transportation expenses, etc.) incurred by players in fulfilling this Agreement shall be borne by clubs.

5.The club shall provide the players with equipment necessary for the athletes’ activities.

2 Duties of players

3. Athletes shall participate in training, dormitories, meetings, preparation for games, etc. designated by clubs;

Article 8 Cancellation or Termination (1) A club and a player may cancel or terminate this Agreement in whole or in part by written notice if the other party fails to fulfill the obligations prescribed in this Agreement.

(2) Where any of the following causes arises to a player, a club may immediately cancel or terminate this contract by giving written notice to him/her by setting a reasonable period, without any need for peremptory notice:

Provided, That the disease and injury of a player shall be caused by reasons other than those of the player during his or her player activities.