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(영문) 서울중앙지방법원 2015.01.23 2014가합518100

위약벌금 등 청구의 소

Text

1. The defendant,

A. As to KRW 534,319,702 among Plaintiff A and KRW 476,00,000 among them, the amount of KRW 534,319,702 from January 15, 2014 to KRW 58,319.

Reasons

1. Basic facts

A. A. Around November 4, 2010, the Plaintiffs entered into a contract with the Defendant on the content that the Plaintiffs are serving as instructors at the University Transfer Admission Center operated by the Defendant (hereinafter “instant contract”). The key contents are as follows.

Article 3 (Business Methods)

1. The defendant and the plaintiffs are in a position equal to each other by taking the form of the partnership business, and the defendant provide facilities to ensure that the lecture activities are conducted, and receive tuition fees from the students and pay part of the tuition fees to the plaintiffs as tuition fees.

Provided, That in relation to the matters concerning the operation of the defendant's policy decision, the defendant's opinion shall be followed, and the number of students and the decision on the establishment of lectures shall be

Article 4 (Treatment of Instructors) The treatment of the Plaintiffs, including tuition fees, that the Defendant pays to the Plaintiffs shall be determined as follows:

5) The Defendant shall pay the Plaintiffs a down payment of KRW 100 million as an exclusive down payment during the contract period, and shall ensure that the amount of 80% of the profits relating to the transfer of instructors into the instructors in 2010 is guaranteed. Article 5 (Rights and Duties)

1. The defendant is obligated to provide lecture rooms to ensure that the plaintiffs can smoothly perform their lecture activities (hereinafter referred to as "the defendant is obligated to provide lecture rooms").

2. The defendant is obligated to provide support provided for in the Additional Arrangement of Article 3 so that the plaintiffs can produce high-quality content (hereinafter omitted).

3. The defendant shall provide support, such as market analysis and product planning, so that the plaintiffs' lectures and contents can obtain response in the market (hereinafter referred to as "contract period"). Article 7 (Contract Period)

1. This Agreement shall become effective for a period of five years from March 1, 2011.

Article 8 (Defamation)

1. In a case where the defendant and either of the plaintiffs violated the obligations under this contract, the other party may claim the appropriate amount of damages.

2. In a case where the defendant or either of the plaintiffs violates this contract in addition to the compensation for damages under paragraph (1) above, the defendant's investment is made for the business and three times the down payment.