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(영문) 인천지방법원 2018.02.06 2016가단251870
손해배상(기)
Text

1. The Defendant’s KRW 50,000,000, and its annual rate from December 9, 2016 to February 6, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is operating the English language and the short school of middle and high schools in the trade name of Yeonsu-gu Incheon Metropolitan City C Building and D Private Teaching Institutes (hereinafter “Plaintiff Private Teaching Institutes”).

B. Around December 2, 2015, the Defendant, as an English instructor, entered into an employment contract for instructors with the Plaintiff with the following content (hereinafter “instant contract”).

Article 1 (Purpose of Contract) The purpose of this Agreement is to provide students with superior quality educational services to ensure sexual improvement, to guarantee a stable and scenic basis by increasing profits, and to guarantee the normalization of the management of a private teaching institute that the Plaintiff is running, in cooperation with the Plaintiff and the Defendant, to develop the private teaching institute erroneously.

Article 2 (Obligation of Defendant) (1) The Defendant shall provide the students offered by the Plaintiff with high-quality lectures and student management.

Article 3 (Distribution of Fees) (1) Monthly tuition revenue shall be transparently disclosed, and the plaintiff shall distribute a certain ratio of sales to the defendant on the 10th of the following month in accordance with the ratio agreed by both parties.

② The Plaintiff shall pay fees after deducting 3.3% of the Defendant’s business income tax.

Article 11 (Duty to Maintain Confidentiality and Confidentiality) (hereinafter “instant clause”) ① The Defendant shall maintain confidential information (Prohibition of Divulgence of information and data, such as information about private teaching institutes and students, prohibition of leakage of documents and programs, prohibition of personal use of various teaching materials and data, etc., and prohibition of personal use of all kinds of teaching materials and data) acquired on business during the contract period and even after the contract is terminated. If the Defendant divulges it or uses it for profit-making purposes, he/she shall not only pay the Plaintiff penalty of KRW 50,000,000, as well as civil and criminal liability.

(2) The defendant shall open or have the same or similar private teaching institutes for the same subject only in the same business district (operation area of vehicles of a private teaching institute) other than classes within the term of contract.

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