위약금 청구의 소
1. The Defendant (Counterclaim Plaintiff) paid KRW 54,939,072 to the Plaintiff (Counterclaim Defendant) and its related amount from December 31, 2014 to August 12, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff and the Defendant’s lecture service contract 1) The Plaintiff at Gangnam-gu Seoul Metropolitan Government Dasan Institute (hereinafter “D”).
A) The Defendant is a person operating the Plaintiff, and the Defendant is an instructor with Chinese language from the pertinent private teaching institute operated by the Plaintiff by October 1, 2014 upon entering into a contract for the lecture as follows. The service division on January 1, 201, based on which the Defendant provides the Plaintiff with the lecture service of Chinese language, and at least six hours (360 minutes) per day, and the Plaintiff provides the Plaintiff with the lecture time and place at least seven days prior to the commencement of the lecture. ② The Plaintiff must notify the Defendant of the lecture time and place at least seven days prior to the commencement of the lecture. ③ The Defendant’s lecture service provided to the Plaintiff ought to provide the students with the highest lecture service in accordance with the principle of good faith and good faith. ④ The Defendant must notify the Plaintiff in advance seven days prior to the commencement of the lecture. ② The method of calculating and paying the service cost on December 2, 201 (the Plaintiff: Defendant 50:50) the payment period of the service cost shall be paid in principle by monthly unit (in principle).
4. Termination of the contract ① When it is determined that there is an obstacle to education due to the Defendant’s circumstance or negligence, etc., the Plaintiff may reverse this contract at any time during the contract.
② In a case where the contract was automatically reversed due to the Defendant’s cause attributable to another private teaching institute (the demotion at another private teaching institute and the cancellation of the contract by the Defendant during the contract period), the Defendant shall pay to the Plaintiff the amount equivalent to the total payment for the preceding nine months
(3) No defendant shall be allowed to leave his/her job to a private teaching institute (specialized Korean language schools, comprehensive foreign language schools, etc.) of the same business type for two months after retirement.
When violating, the defendant pays to the plaintiff the amount equivalent to the total amount paid during the last nine months immediately before the withdrawal of the defendant.
(Omission)
5. Other ① When the defendant is likely to cause a loss of demotion due to absence without the plaintiff’s consent or pre-determined causes, the defendant shall be the plaintiff.