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(영문) 전주지방법원군산지원 2019.08.22 2018가단57757
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 23, 2016, the Defendant asserted that the Plaintiff had entered into a business agreement with the Plaintiff and, after entering into the business agreement with the Plaintiff, was in charge of attracting Vietnam students to study in the Korean language education center of the Korea Institute of the Korea Institute of the Korea Institute of the Korea Institute of the Korea Institute of the Korea Institute of the University. Although the Defendant should guarantee the identity of the trainee recruited until the completion of the said Korean language education center, the Defendant left the Korean language education center

At the time of the above business agreement, the defendant agreed that "if a person has left a contract, the defendant shall pay five million won per capita to the plaintiff." Thus, the defendant shall pay to the plaintiff part of the penalty as 190,000,000 won (i.e., 197 persons x 1 million won) as part of the penalty and delay damages therefor.

2. On the premise that the plaintiff and the defendant are parties to the above business agreement, the plaintiff is seeking a penalty to the defendant on the ground that they violated the above business agreement.

Therefore, even if based on the evidence submitted by the plaintiff, it cannot be recognized that the above service agreement has been concluded between the plaintiff and the defendant, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of Gap evidence Nos. 1, 5, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the whole purport of arguments, all of the work agreements concluded on October 23, 2016 indicate that "C University (A) and DCOPY (B) enter into a business agreement as follows," and the end of the word "A and B shall prepare two copies of the agreement to prove the establishment of this agreement, signed and sealed by each representative, and keep one copy of the agreement respectively." The lower part of the agreement at issue is the name named "Korea Institute of Korean Language Education E," "DCOPN B," and the Korean language education center is separate from a legal entity affiliated with CF university as an internal institution affiliated with CF university.

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