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(영문) 서울남부지방법원 2016.04.21 2014가합13458

손해배상 등

Text

1. The Defendant’s KRW 85,320,844 as well as 5% per annum from December 5, 2014 to April 21, 2016 to the Plaintiff.

Reasons

Basic Facts

The defendant is a corporation established for the purpose of the operation of a private teaching institute, etc., and the "C Research Institute" (hereinafter referred to as the "C Research Institute") provides lectures in preparation for public officials' examinations. The plaintiff entered into a contract with the defendant for the provision of lectures and publication, etc. and worked as a Korean language instructor at the above private teaching institute.

The Plaintiff entered into an exclusive publication contract with the Defendant on November 1, 2013, and the Plaintiff entered into a contract with the Plaintiff to give lectures to the Korean language subjects at the instant private teaching institute from January 1, 2014 to December 31, 2018.

Article 3 (Term of Contract)(1) The term of contract shall be five years (60 months) from January 1, 2014 to December 31, 2018.

(2) Where the defendant and the plaintiff do not want to extend the contract term after the expiration of the contract term, or wish to change the contract term, they shall express their intent within three months before the contract is terminated.

In the absence of any separate notice, this Agreement shall be automatically renewed under the same terms and conditions (other than the terms of the special agreement).

Article 4 (Payment of Instructor Fees, etc.) The money and other valuables paid by the Defendant to the Plaintiff under this Agreement shall be as follows:

1. Fees for driving schools and video instructors;

(a) Comprehensive group of private teaching institutes: 50% of the sales amount of tuition fees (deduction of credit card fees) for the relevant course (Provided, That where the number of students in class 9 and class 9 is at least 100, it shall be 40% of the sales amount: Provided, That where the number of students in class 9 are at least 100, it shall be 40% of the sales amount).

(b) Simultaneous medical services: 30 percent of the sales of dynamics (credit card fees) and expenses for free gifts and teaching materials provided by the defendant for the promotion of dynamics shall be deducted when sales are calculated;

2. Fees for the use of copyright of publications;

(a) Basic document: 15% of the fixed price;

(b) Other works: The fixed price;