손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 27,967,642 to the Plaintiff (Counterclaim Defendant) and its related amount from July 11, 2017 to April 27, 2018.
The principal lawsuit and counterclaim shall be judged together.
Basic Facts
- On February 18, 2016, the Defendant entered into an entrustment contract with the Plaintiff running the D Teaching Institutes (hereinafter “Plaintiff’s Private Teaching Institutes”) in Seongbuk-gu, Sungnam-si (hereinafter “instant contract”) (hereinafter “instant contract”), and the main contents are as follows:
Article 4. The defendant's duty of prohibition of concurrent operation
1. The defendant shall not provide a third party with the same content and the same subject of the lectures provided by the private teaching institute without mutual consultation after the conclusion of the contract of this case with the plaintiff.
2. In the event of a violation of the obligations under this Article, the defendant shall pay three times the average commission fee for the last three months to the plaintiff as penalty.
Article 8 Contract Terms
1. This Agreement is between February 18, 2016 and February 17, 2017.
Article 10 The plaintiff shall pay to the defendant the agreed amount (ratio) based on the monthly tuition fees as the entrustment fee.
Details shall comply with the following standards:
2. The determination of entrustment fees shall be based on the registration amount of actual lectures from the first day of each month to the last day, not on the number of students.
3. The Plaintiff shall pay fixed pay for the first three-month period (3,500,000 won/six-day work period) for the stable settlement of the Defendant’s overall private teaching institute business, and may, if necessary, extend the period from three to six months.
4. The Defendant’s rate of commission fees shall be 30% of the actual lecture registration fees.
7. The payment day shall be the tenth day of the following month.
Article 13 Termination and Rescission of Contracts
1. Where the Defendant wishes to terminate the contract due to unavoidable reasons during the contract period, he/she must notify the Plaintiff of the termination of the contract 30 days before the contract is terminated.
Article 15 Prohibition of Opening the same or similar courses within the same administrative district (part of the branch of Seongbuk-si);
1. The Defendant may retire at his/her own will, but for three months after his/her retirement, he/she may not open a course identical or similar to the subjects established at this private teaching institute, being employed in the same kind of private teaching institute located in Edong, Fdong, and G, among the administrative districts of this private teaching institute.
2. Also, for one year after retirement.