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(영문) 서울서부지방법원 2017.02.13 2016가단213025
손해배상(기)
Text

1. The Defendant’s KRW 9,00,000 and the following day shall be 5% per annum from April 28, 2016 to February 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the Plaintiff’s Private Teaching Institutes (hereinafter “Plaintiff’s Private Teaching Institutes”) for middle and high school students under the trade name “A” in Mapo-gu Seoul Metropolitan Government.

B. On December 2010, the Plaintiff entered into a lecture service consignment agreement with the Defendant, and employed the Defendant as the comprehensive team instructors (Korean language instructors) of the Plaintiff’s Institute, and the said consignment agreement has been renewed every year thereafter.

C. On November 15, 2015, the Plaintiff and the Defendant entered into a new contract for the entrustment of lecture (hereinafter “instant contract”) upon changing the Defendant’s duties from a general team lecturer to a single team lecturer. The key contents of the instant contract relating to the issues of the instant case are as follows.

(B) In the following, “A” means the Plaintiff, and “B” means the Defendant). The term of this contract under Article 3 (Contract Period) is from November 15, 2015 to November 14, 2016.

Article 8 (Medical Care) (1) A shall pay lecture fees in proportion to the number of learners to B in consideration of lecture duties.

Provided, That where a fixed lecture is assigned to B, the fixed lecture may be paid on the basis of the fixed lecture for the convenience of calculation.

Article 9 (Determination of Tuition Fees and Principles of Apportionment of Tuition Fees) (1) Tuition fees means the fees for applying for taking lectures for a group and class, and tuition fees shall be determined by A with the consent of B.

(3) The term "tuition fees" means fees for lectures paid to instructors from tuition fees.

(4) The amount of lecture fees shall be paid to B, 47% excluded from the total amount of tuition fees to bear each other, such as card fees.

Article 12 (Agreement on Protection of Trade Secrets and Competitive Business Secrets) (1) No Party B shall divulge any trade secret (any matter deemed as Party A’s proprietary property, such as learning system and know-how, Party A’s coming-off problem, and personal information related to Party A’s students and parents, etc.) to any third party during the contract period.

The obligation to protect trade secrets is a contract.

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