약정금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
1. Basic facts
A. The Plaintiff is an instructor who lectures the “police science” among the subjects of the public bonds examination for general police officers at a driving school located in the Nowon-gu.
B (A) On October 4, 2016, when the trial was in progress, the Defendant comprehensively succeeded to the rights and obligations of the Defendant, and taken over the instant legal proceedings on October 10, 2016; hereinafter “Defendant” without asking before and after the merger, entered the private teaching institute project in preparation for public officials from January 2013, and operated the private teaching institute in the old career.
B. On December 29, 2012, the Plaintiff entered into a mandatory consignment agreement with the Defendant that sets the contract period from January 1, 2013 to December 31, 2016, to provide lectures (general and video lectures) at C&A’s institute (hereinafter “instant contract”).
The main contents of the instant lecture contract are as follows.
Article 1 (Purpose of Contract) The Defendant and the Plaintiff, an instructor, who operate off-line private teaching institutes and e-learning, conclude this Agreement with a view to providing lectures, etc. to the users by making lectures, selling lectures, and publishing teaching materials in good faith and sincerity, and distributing profits accrued therefrom, thereby promoting common interests.
Section 2 (Scope of Business) The business territory provided for in this Agreement shall be as follows:
(1) Article 4 (Business Activities) (1) of the Project on the Production and Provision of Services Related to On-the-job and Examination for Examinees who prepare for general police officers, and the provision of examination information, etc. (Article 4 (1) of the Project on the Defendant’s website, the Defendant shall publicize the courses of the Plaintiff and the Plaintiff through various publicity and marketing activities and actively support their sale.
(3) The Plaintiff shall cooperate in the Plaintiff’s business activities so that the Defendant can smoothly plan, produce, publicize, sell, manage, undertake, and complete the services under this contract.
Article 8 (Prohibited Acts) The Plaintiff is entitled to Article 2 of this Agreement during the contract term.