A. On November 20, 2015, the Plaintiff entered into a contract for the production of online educational content and the provision of teaching materials (hereinafter “instant contract”) with the Defendant, who operates a H Research Institute, on November 20, 2015, with the introduction of D, engaging in the same kind of business (hereinafter “instant contract”). < Amended by Act No. 13514, Nov. 20, 2015; Act No. 13514, Dec. 31, 2018>

B. The content of the instant contract is that the Defendant produced a motion picture for a licensed real estate agent, housing manager, or public official test, and the Plaintiff established a system for the production of motion pictures, and made the Defendant’s website for the students of the Defendant’s educational institute take lectures free of charge, and may use the motion picture produced by the Defendant for the purpose of sale or provide it to other institutions.

C. On March 15, 2016, the Plaintiff notified the Defendant that “The instant contract is terminated as the Defendant failed to perform his/her duty due to a cause attributable to him/her and claimed damages.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s assertion that the contract of this case was terminated by the Defendant’s nonperformance of the duty to resolve the intellectual property right issues of the video image, and thus the contract of this case was terminated, the Defendant is obligated to compensate the Plaintiff for the damages of KRW 12,00,000 (=the cost of developing the website of KRW 6,000,000 for the cost of installing the photographing equipment of KRW 6,000).

(1) The court below held that since the plaintiff claimed 76,946,210 won as damages, including the above 12,00,000 won and claimed 76,946,210 won for the cost of developing the homepage, only the defendant filed an appeal against the judgment of the court of first instance where the remaining claims were dismissed, only the defendant filed an incidental appeal against the judgment of the court of first instance. Since the plaintiff filed an incidental appeal only for the cost of 6,00,000 won for the cost of developing the homepage of the plaintiff and the cost of 12,00,000 won for one of the cost of installing the photographing equipment, only the portion of the plaintiff's claim for the cost of 6,00,000 won shall be subject to the judgment of this court).

A. Article 4 Section 5 of the instant contract