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(영문) 서울중앙지방법원 2016.10.13 2015가합563978

손해배상청구의 소

Text

1. The Defendant shall pay to the Plaintiff KRW 1,00,000,000 as well as 15% per annum from October 20, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff was established on December 1, 2005 for the purpose of the private teaching institute business, educational service business, etc., and was specialized in college entrance lectures. The Defendant is an instructor who had been engaged in the lectures at a private teaching institute since 2000.

B. On November 13, 2012, the Defendant concluded a contract with the Plaintiff that the Defendant provided lectures exclusively to the Plaintiff’s Internet website.

(hereinafter “instant lecture contract”). The main contents of the instant lecture contract are as follows.

The purpose of this Agreement is to prescribe matters necessary for the distribution and sale of educational content video works embodied through equipment, such as DV, CDs, and MP4, which are embodied through wired and wireless broadcast, wire and wireless broadcast, which is operated directly by the Plaintiff (Plaintiff) or operated by the business entity Gap and his affiliated with Gap, and other wire and wireless media, and to determine the various rights and obligations between them in order to promote their common interests by distributing profits derived therefrom.

Article 3 Apportionment of Affairs

1.B shall provide Party A with the relevant lectures, teaching materials, additional information and articles necessary for the smooth service and the composition of content.

2. “A” shall form a content by means of the offline or Switzerland planning lectures provided by B and shall provide lectures through a service medium.

Article 5 Demotion and Settlement of Teaching Materials

1. The settlement of lectures;

(a) A shall pay 24% of the net sales of B to B;

Article 6 Exclusive Contracts

1. B concludes an exclusive agreement with A from November 13, 2012 to November 12, 2016, and during the pertinent period, B cannot provide all content in the same industry that did not agree with A, other than the service media of A.

Provided, That this shall not apply where agreement is reached with A.

Article 8 Rights and Obligations of Section B

1. Production of a lecture;

(a) 1 Hafra of the production-oriented lectures;