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(영문) 서울중앙지방법원 2016.08.17 2015가합579416

손해배상(기)

Text

The defendant shall pay to the plaintiff KRW 129,583,983 and KRW 110,00,00 among them, starting from July 25, 2015, and the remainder of KRW 19,583.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at online education information industry, Internet education course business, etc., and the Defendant is an instructor specialized in C subjects in preparation for the examination of university admission time, etc. under the name of “B”.

[Purpose] Article 1 (Purpose) The purpose of this Agreement is to provide for the rights and obligations of the Plaintiff and the Defendant, as well as all procedures necessary for the provision of lecture services through the wire media that the Plaintiff establishes and operates.

Article 3 (Scope of Services) (1) The scope of services of the Plaintiff under this Agreement shall be as follows:

1. The Plaintiff shall develop, operate, maintain and repair a system necessary to provide lectures to users.

4. The plaintiff shall take charge of planning and operation of lectures.

Article 4 (Term of Contract) The term of contract under this Agreement shall be from January 10, 2013 to January 9, 2018.

Article 12 (Adjustment and Payment) (1) The Plaintiff shall settle the accounts of the sales fee of lectures and pay it to the Defendant as follows:

1. The Plaintiff shall pay to the Defendant an amount equivalent to 25% of the remainder, excluding the following, from the total tuition fees for the lecture service:

i. An amount settled with accumulated points among points referred to in Article 2 (1) 6;

ii. Amounts settled due to the provision of opportunities for free use of lectures under Article 10;

iii. Fee for P.G. (referring to the settlement agency as the disadvantaged);

2. The payment of the amount pursuant to paragraph (1) shall be settled from the beginning of each month to the last day of the following month and deposited into the bank account designated by the defendant on the 25th day

Article 13 (Publication of Teaching Materials) The publication of teaching materials necessary for the lecture service shall be determined by a separate contract in accordance with the plaintiff's sales right and written contract for the right of publication.

Article 14 (Utilization of Content) (1) The defendant shall, without the plaintiff's prior written consent, directly or through a third party, allow the plaintiff to do so.