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(영문) 서울서부지방법원 2017.03.09 2015가단43076

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of publishing books and the operation of private teaching institutes, etc., and runs an educational service business that can conduct after-school learning through a mutual learning site.

B. On March 9, 2009, the Defendant opened a “C” between the Plaintiff and the Plaintiff, provided education and management of the members entrusted by the Plaintiff, received membership fees designated by the Plaintiff, and entered into an entrustment contract (hereinafter “instant entrustment contract”) with the content that the Plaintiff would be paid fees in accordance with the fee payment regulations set by the Plaintiff, and thereafter, operated the public book room (hereinafter “instant public book room”) at “Ycheon-si F building and 101 Dong 602” as a member of the branch of the Gyeonggi Business Bureau D (the head of the branch E) around that time.

C. Of the instant consignment contract, the content pertaining to the instant case is as follows.

Article 1 [Contents of Entrustment Contract] 'B' (hereinafter the same shall apply) shall be managed by the members of the 'A' (referring to the plaintiff; hereinafter the same shall apply) in accordance with the Membership Management Regulations prescribed by the 'A', and newly recruited members, collect the amount of membership fees designated by the 'A', and the 'A' shall be paid to the 'B' in the aggregate of the sales of goods and member management fees in accordance with the fee payment regulations set by the 'A'.

Article 7 (Termination of Contracts and Transfer of Members)

1. “A” and “B” may terminate the contract upon occurrence of the following:

1) Where “B” wishes to terminate a contract due to personal reasons (Provided, That “B” must notify “A” of his/her intent to refrain from entering into the contract 60 days prior to the contract.

A person shall be appointed.

2. In the event of termination of a contract pursuant to the above paragraph (1) of the same Article, “B” shall faithfully transfer all the matters, such as membership management and membership fees, to the person designated by “A” (where “B” fails to comply with the above matters, “B” need not pay monthly fees of “B”.

(i) Article 8 (Compensation for Damages and Penalty for Breach of Contract);

1. “A” and “B” shall apply when any of the following causes arises: