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(영문) 서울중앙지방법원 2017.07.21 2016가합557314

손해배상(기)

Text

1. The Plaintiff, Defendant B, and Defendant C, as Defendant C, KRW 93,491,300, and each of them on August 18, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person running a foreign language driving school business, etc., and operates the “D Language Institute” (hereinafter “instant private teaching institute”) in Seoul and Busan. The Defendants are instructors who provided Saturdays in the instant private teaching institute.

Article 1 The place where the curriculum is provided for each subject of Article 1 (B) and the subjects and courses of study shall be conducted in accordance with the comprehensive education plan of A.

Article 2 Contract Terms shall be as follows:

Defendant B: From April 1, 2015 to October 31, 2015 (7 months): Defendant C: Performance of the obligations under Article 3 of the Act from September 1, 2015 to April 30, 2016 (8 months)

(a) A shall carry out a foreign language education project with permission from the Government;

B. A shall be equipped with the facilities necessary for the above educational project.

(c) A shall establish a comprehensive education program for each subject, which shall be the content of the educational project;

When Gap intends to newly establish the above comprehensive education plan, he may consider the necessity and effectiveness of learning of students and hear the opinions of Eul in advance.

E. A is responsible for all administrative matters concerning the management of school affairs.

(f) A shall administer the affairs of advertising and publicity for the recruitment of trainees;

Article 4. Performance of Obligations of Section B

(a) He/she shall establish a detailed study guidance plan to ensure that the subject, content, and time of study, etc. of the course are consistent with the comprehensive study plan of A, and provide faithful services so that they can reach the objectives of study;

Article 5. Remuneration for Services

(a) 40% of the total revenue (tuition fees) of the service subject shall be 40%, and Eul shall pay taxes from free occupation income in accordance with the Income Tax Act on the amount received from Gap;

For the weekends, 40% shall be paid.

(c) Eul must select a person on the responsibility of the principal at the time of the conclusion of the contract, and the remuneration for the person on the contract shall be responsible and settled.

Provided, That where a public official is appointed for the convenience of academic affairs, he/she shall be notified to A.

B is a personal entrepreneur having continued to use.

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