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(영문) 서울중앙지방법원 2015.02.12 2012가합541175
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company running online education business, etc., and the Plaintiff’s Internet website “www.mest udy.net” (hereinafter “Plaintiff’s website”) provides users with waterable and dynamic video-related lectures.

The defendant is a company that publishes books related to education, such as textbooks and evaluation issues house.

In relation to the provision of services through the Plaintiff’s website and the website designated by the Plaintiff, the Plaintiff and the Defendant conclude a contract with respect to the work produced by the Plaintiff by using the Defendant’s educational publications as follows:

Article 3 [Contents of Educational Publications] ① Educational publications that the Defendant provides to the Plaintiff are as follows:

- Attached Form among the original books of classical high language (H) textbooks and the Defendant’s teaching materials

2. 목륵 제1, 2항 기재 각 교재와 같다. ,

Attached Form among the Defendant’s teaching materials for self-practice and evaluation issues;

2. The same as each of the teaching materials described in paragraphs 3 and 4 of the list.

Provided, That attached Form

2. In cases of teaching materials stated in paragraph (4) of the list, their publication date shall be limited to those after March 30, 2011.

(1) Article 4 [Permission to Use Educational Publication and Production of Blue Video Class 1] ① The Defendant permits the Plaintiff to produce and use the Blue Video class by using the educational publication under Article 3. Article 5 [Contract Deposit and Ringti) ① The Plaintiff shall pay down payment and Ringti class as follows as user fees for the production and use of the Blue Video class by using the educational publication under Article 4. - down payment shall be KRW 10,000,000 (excluding value-added tax) as user fees for creative high-high-high-high-high-high-high-class language (nive) and related self-practices, evaluation-related books, and evaluation-related books (i.e., value-added tax separate), 15% of sales amount including high-one half and half-half, and 15% of sales amount including the said down payment set-off and additional amount - Defendant’s sales amount in the Defendant’s publication formula of the first half of high-class comprehensive group x (number of the Defendant’s teaching publications ± the contract term ± the total contract period) 15%).

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