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(영문) 서울중앙지방법원 2016.01.29 2014가합50147

강사료

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

Defendant (formerly: C) is a corporation that runs a business such as educational information service business and value-added network business, and the Plaintiff is a shareholder of the Defendant and a representative director.

(A) On December 2, 2011, the Plaintiff and the Defendant entered into a contract for the appointment of instructors (hereinafter “instant contract for the appointment of instructors”) with the content that the Plaintiff would provide lectures to the Internet website operated by the Defendant, etc., and the contents relating to the instant case are as follows:

(A) A. Article VI. (Contract Terms) (1) This Agreement shall become effective from January 1, 2012 to December 31, 2020.

Article 12 (Settlement and Settlement of Tuition Fees) (1) Instructor fees shall be paid to A (referring to the defendant) and B (referring to the plaintiff) by the 25th day of each month for the revenues of tuition fees and teaching materials for the previous month.

(2) "Lecture fees" which are standards for the payment of lecture fees means net tuition fees obtained by subtracting free points, coophones, and other expenses used to support marketing activities from all tuition fees.

(4) The standards for the distribution of tuition fees to be paid to "A" shall be as follows, and it shall be applied from lecture sales on January 1, 201:

Article 13 (Provision and Sale of Teaching Materials) (1) "B" shall produce and supply the "tuition Materials" at the expense of "B" in order to facilitate the provision of "tuition services", except for the 33% PG fee standard for separate tuition fees.

Provided, That the signs, etc. of teaching materials supplied to "A" shall be manufactured and supplied as a final copy through prior consultation.

(2) In order to promote the sale of teaching materials supplied to "B", "A" shall be obligated to make every effort as a good faith and to manage them so as not to cause any loss.

(3) "B" shall be provided with teaching materials prior to the commencement of sale of an individual course, and "A" shall be additionally provided so as not to cause any problem, such as shortage in inventory.