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(영문) 서울남부지방법원 2018.07.19 2017가합109879
계약금 반환 및 약정금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the Internet education and learning business, the private teaching institute operation business, etc.

On July 8, 2014, the Plaintiff entered into a compulsory contract with the Defendant (hereinafter “instant contract”) stating that the term “the Defendant is stronging the subject of the financial accounting in the “C Research Institute” operated by the Plaintiff from July 1, 2014 to June 30, 2017 (hereinafter “C Research Institute”)” (hereinafter “instant contract”).

The main contents of the instant contract related to the instant case are as shown in the attached Form.

B. On June 30, 2014, before the conclusion of the instant contract, the Plaintiff paid KRW 30,000,000 to the Defendant as the down payment under the instant contract.

From May 15, 2014 to November 25, 2014, the Defendant demoted the subjects of financial accounting at the same group of certified tax accountants of the instant private teaching institute and the same group of accountants and the same group of accountants.

C. From March 2015, the Defendant opened a class 2 course related to the electronic tax official qualification examination at the D Private Teaching Institutes and opened a lecture.

On February 19, 2016, the Plaintiff: (a) sent to the Defendant a document verifying the content that “the Defendant was demoted to the subject of financial accounting at the instant private teaching institute; (b) was frequently assessed as the least instructor; (c) the Plaintiff demanded the Defendant to return KRW 30,000,000 for the reason of the instant breach of contract; (d) the Plaintiff failed to comply therewith; (b) the Plaintiff demanded the Defendant to return the down payment of KRW 30,000,000 to the Defendant by February 26, 2016 pursuant to Articles 6 and 12 of the instant contract; and (c) notified the Defendant that the Defendant would claim a penalty of KRW 300,00,000,000,” and that the Plaintiff reached the Defendant on February 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is that the Defendant, while making lectures at the instant private teaching institute, made the preparation for lessons in a unfaithful manner, and dismissed.

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