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(영문) 서울중앙지방법원 2018.01.11 2016가합562439
위약벌 및 손해배상 청구의 소
Text

1. The Defendant’s KRW 81,035,008 as well as 6% per annum from April 15, 2016 to January 11, 2018 to the Plaintiff.

Reasons

1. The plaintiff is a company established for the purpose of the education project related to accounting, taxation, and management, and the defendant is an attorney-at-law who takes the class of the Commercial Act and the Administrative Litigation Act.

On April 21, 2013, the Plaintiff and the Defendant entered into a contract of demotion (hereinafter “instant contract”).

(1) The Plaintiff and the Defendant concluded a new contract with the same content on July 14, 2015. The Plaintiff and the Defendant conclude a new contract with the same content. The Plaintiff and the Defendant conclude the following contracts with respect to all the affairs of private teaching institutes, Internet sites, and publishing companies operated by the Plaintiff or operated by a person having a contractual relationship, such as partnership, etc.:

Article 1 (Purpose) The purpose of this Agreement is to provide the Plaintiff with the lecture and online lectures to the Plaintiff’s customers by using the Plaintiff’s private teaching institutes or Internet sites operated by the Plaintiff or a person who has a contractual relationship, such as alliance, etc., and to prescribe matters such as the scope and method of business necessary for the development and distribution of related publications, and to faithfully implement them.

Article 3 (Term of Contract) The duration of this Agreement shall be from April 21, 2013 to 24 months.

Article 6 (Lecture Fees) The tuition fees to be paid to the defendant by the plaintiff shall be as follows:

1. 50% of the final admission fees for the courses of a private teaching institute and online lecture - The amount divided in proportion to the ratio of the defendant's lecture hours for the subjects to the total lecture hours of the general class;

2. The amount of tuition fees for the curriculum of a driving school shall be 50% of the sales of the relevant curriculum;

3. The amount of tuition fees for short-term lectures shall be 50% of the amount of sales of the relevant lectures;

Article 11 (Obligation of Defendant)

1. The defendant shall not open and provide C or C tax accountant lectures within the contract period without a written prior approval of the plaintiff.

Article 14 (Termination of Contracts) The plaintiff and the defendant may terminate this Agreement in any of the following cases:

1. The plaintiff and the defendant enter into this contract.

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