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(영문) 서울남부지방법원 2017.04.20 2016가합108886

온라인강의계약서 일부조항 무효확인 등

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1. On October 1, 2010 between the Plaintiff and C, Article 2(3) of the online lecture contract that the Defendant accepted as a contract.

Reasons

1. Basic facts

A. 1) The Plaintiff is an instructor in the subject of the qualification certificate as environmental engineer and an operator of the D Institute located in Jung-gu, Daegu. 2) C operated an online educational institution for acquiring various qualification certificates from 2004 to E, and was converted into a corporation and established the Defendant on July 17, 2015.

(b) the relevant subject of the online lecture agreement: the F sector and the copyright of Article G1 / [copyright] is owned by B (C; hereinafter the same shall apply);

Article 2 [Right of Use] ① The use, distribution and transmission rights of all online lectures related to computers (VOD, electronic locks method, PMP, WAP, IPTV, and Content Supply, etc.) (hereinafter referred to as “online lectures”) are available to B.

The contract shall be valid for two years based on the completion time of taking photographs, and if there is no declaration of intention written between the two parties three months before the expiration of the contract, the contract term automatically shall be extended by two years.

(3) A (referring to the plaintiff; hereinafter the same shall apply) may not start up a business of the relevant subject and name, the same issue, or any other similar subject for two years during or after the expiration of a contract, and may not make online lectures on other companies and their competitive sites.

When doing so, at least KRW 30,000 shall be compensated for penalty.

(4) The exception of offline lectures, other than online lectures, referred to in Article 2 (3) shall be applied.

Article 3 (Production of Cinematographic Works) (3) When entrusting the management of teaching materials or teaching materials necessary for teaching books, Eul shall act as a proxy, and all expenses shall be borne by Eul, and Gap shall take charge of editing and monitoring the relevant teaching materials.

Copyrights are referred to as "B", but the name of the author is registered as "A" only during the contract period.

A shall have the right to use the teaching materials for at least five years after the expiration of an instructor's contract, which correspond to the reading materials of the dynamic image content which have been written at least once on the basis of the teaching materials directly produced by A, and A shall have the responsibility for the content of the teaching materials.

(4) Online;