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(영문) 서울남부지방법원 2016.04.28 2015가합106753
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 80,000,000 to the Defendant (Counterclaim Plaintiff) and its payment from July 28, 2015 to April 28, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a company running a private teaching institute and publishing business, and the Plaintiff is an instructor who teaches the Korean language in the private teaching institute.

B. On February 1, 2013, the original Defendant entered into a contract for publishing/ lecture providing contents that the Plaintiff would provide all of the materials, lectures, derivative education products, etc. for the examination of public officials to the Defendant (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

A (referring to the "Defendant"; hereinafter the same shall apply) and B (referring to the "Plaintiff"; hereinafter the same shall apply) shall provide public officials Eul with all of the teaching materials, teaching materials, lectures and derivative educational products (dynamics, maternal examinations, and all kinds of educational contents available for production in the future) for examination, and enter into a contract as follows:

Article 2 (Term of Contract)

1. The term of this contract shall begin from the date of the conclusion of the contract and shall be:

Curriculum: March 1, 2013 to June 30, 2016

(c) Videos and other videos: Article 3 (Payment of Price) from March 1, 2013 to June 30, 2016;

1. A shall pay the consideration for the provision of educational products and content to B as follows:

The down payment shall be KRW 150 million.

(b) Comprehensive group of private teaching institutes: 50 percent of the total amount of tuition fees (financial fees, credit card fees, and data deduction) for the relevant course. (2) The amount of tuition fees for the relevant course (50 percent of the amount of credit card fees deducted)

(c) 30% of the sales of dynamics (credit card) and expenses for free gifts and teaching materials provided by Gap to promote dynamics, shall be deducted when sales are calculated. (2) B2B video lectures, such as universities: 10% of the net sales per year (Sales after deduction of all production, business, and sales expenses);

(d) Copyright fees (taxes) for publications; 1. Basic letter: 10% of the fixed price.

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