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(영문) 서울고등법원 2016.07.07 2015나2037342 (1)
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity whose main business is educational services, educational consulting, etc.

The defendant is a school juristic person operating B elementary schools, B middle schools, B high schools, B universities, etc.

B. On October 16, 2012, the Plaintiff entered into a contract with the Defendant on the Lifelong Education Institute of the Plaintiff and the Defendant on October 16, 2012 (hereinafter “the first contract”) with the Plaintiff on October 16, 2012.

Upon entering into a contract. The main contents of the Credit Bank Operation Agreement (No. 1-1) signed at the time of the first contract are as follows. Article 1(Purpose) of the Convention is to establish degree courses in the curriculum operated by the Defendant and to determine matters concerning the overall operation thereof. Article 3 (Effect) The Plaintiff’s publicity agency agreement is effective only when the number of registered students is at least 200. Article 5 (In the case of the Defendant’s duties, the Defendant’s duties are as follows:

1. Operation and management of curricula;

2. Conferment of degrees under the name of the president;

3. Receipt and management of tuition fees;

4. Provision of information on and support for publicity of degree courses;

5. Provision of lecture rooms suitable for the number of students recruited by the plaintiff;

6. Provision of space and facilities necessary for the administration and public relations activities of the plaintiff;

7. Operating expenses. (2) The plaintiff's business affairs are as follows:

1. Agency for external publicity of the headquarters of lifelong education;

2. Operation and management of faculty education;

3. Guidance and management of students;

4. Provision and management of equipment, materials and teaching materials necessary for practical training;

5. Operation and management of all kinds of learning activities, such as application for courses, learning encouragement, and evaluation of operation;

6. Allocation of managers for the smooth operation of the defendant's curriculum;

7. Support for and education of full-time professors and teaching instructors;

8. In order to facilitate the implementation of other projects, Article 7 (Support of Operating Expenses) (1) The Defendant shall subsidize the remainder to the Plaintiff, except operating expenses directly paid by the Defendant, out of tuition fees, to the Plaintiff at the following rates:

1. 200 -.

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