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1. The Defendant (Counterclaim Plaintiff) paid KRW 200,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 6, 2018 to May 31, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company whose purpose is to operate a private teaching institute business, and the Defendant (C Co., Ltd.) is a company that operates a Do driving institute, a private teaching institute in preparation for teacher appointment examination (hereinafter “Defendant driving institute”).
B. On January 1, 2017, the Plaintiff entered into a contract with the Defendant for a contract term from January 1, 2017 to November 30, 2019, and a contract deposit of KRW 300 million (hereinafter “instant contract deposit”) (hereinafter “instant contract”). The main contents of the instant contract are as follows.
The purpose of Article 1 (Purpose) of the Contract is to produce the plaintiff's lectures and provide users with lectures, lectures, materials, and other commercial supplementary services in a private teaching institute operated by the defendant, and to actively cooperate with the defendant and the plaintiff in order to maximize mutual interests.
Article 3 (Subjects and Courses of Courses) The subjects the plaintiff is in charge of shall be referred to as "shared children."
Article 4 (Period and Matters of Contract) (1) A bilateral contract shall be concluded until November 30, 2019, and the contract shall be renewed under the same conditions as this contract, unless there is an unilateral declaration of intention to terminate the contract three months prior to the termination of the contract.
(2) The contract amount between the two parties shall be 300,000,000 won.
(Provided, That the value-added tax shall be separately paid). (3) The method of paying down payment between both parties shall, in principle, be paid 30% of the contract amount to the Plaintiff within five days after the conclusion of the contract, and the remainder shall be paid in full by one month prior
(Provided, That the method of payment may be modified by the agreement of both parties with special terms and conditions, and (3) special terms and conditions shall be preferentially applied to the terms and conditions of this contract, and shall become effective from the date of conclusion of the contract) Article 5 (Payment Method of Lecture Fee) (1) The defendant shall pay the sales (excluding credit card fees, etc.) incurred from paid lectures to the plaintiff as the standard price for profit distribution as follows: