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(영문) 서울행정법원 2016.12.08 2016구합57168
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Case history

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a school foundation that establishes and operates the C University, and the Plaintiff is a person who holds office as a professor of the said university and serves as the representative director of Nonparty D Co., Ltd. (hereinafter referred to as “Nonindicted Company”).

B. On February 17, 200, the Plaintiff entered into an agreement with the Intervenor (the president of the Cuniversity) on approval for the establishment of a teaching laboratory (Concurrent Office) (hereinafter “instant agreement”) and obtained permission for concurrent office on February 22, 200

(hereinafter “instant concurrent holding of office”). The main contents of the instant agreement are as follows.

(A) In carrying out the business start-up (Concurrent) of professors, “A” and “B” refers to the Plaintiff. Article 3 (Obligation of B) (1) of the Convention, “B” shall take due care to ensure that the following matters do not arise with respect to C University and the universities and departments to which they belong:

1. Obstruction in normal teaching service;

6. To honor the C University and the universities and departments to which the C University belongs.

Article 4 (Report on Execution of Projects) (Report on Execution of Projects) B shall, after the conclusion of this Convention, submit the progress and results of the last day of this Convention to A in a report, and shall faithfully comply with the request for submission of related data that A needs.

Article 5 (Charges for Gender Equality) The following success charges shall be paid to A when a project commences on the basis of all the results made during the period of approval for the establishment of a teaching laboratory or laboratory or on the basis of its application:

1. Eul shall pay to Gap an amount equivalent to 3% of its annual turnover for five years from the year the annual turnover exceeds 200 million won, within three months from the end of each fiscal year;

At this time, after the cumulative total amount of the success charges exceeds 200 million won, B shall pay the amount.

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