1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. The reasoning of the court’s explanation as to this case is as follows, and thus, the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except in the following cases.

Nos. 10 through 11 of the first instance judgment are as follows.

[2) The following circumstances, which can be recognized by comprehensively taking into account the facts recognized as seen earlier and the overall purport of oral argument, provides that penalty for breach of contract of this case shall be paid to the defendant for the last one year. However, considering the fact that there is no specific provision of compulsory treatment to be paid by the defendant and the possibility of increasing the amount of such compulsory treatment by the defendant's own efforts, it seems excessive compared to the defendant's violation of the duty. There is no specific document on the fact that the actual defendant submitted a lecture in another private teaching institute, and there is no substantial decrease in the number of students of the plaintiff's private teaching institute. The defendant demoted the subject of "social" in the plaintiff's private teaching institute. The defendant's strong subject seems to be relatively easy to find an instructor replacing the defendant, and the plaintiff seems to have difficulty in finding the defendant's successor. In light of all circumstances such as the defendant's working period or the amount of compulsory treatment actually received, it is reasonable to limit the penalty to be paid by the defendant to seven million won.

Therefore, from July 4, 2017, where the defendant violated the defendant's duty to pay a penalty of KRW 7 million to the plaintiff, the defendant's dispute over the existence and scope of the duty to pay a penalty of KRW 7 million to the defendant shall be determined by the Special Act on the Promotion of Legal Proceedings, etc. from the next day to the day of full payment, to December 13, 2019, which is the date of this decision.