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(영문) 서울중앙지방법원 2015.06.11 2014가합565076
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

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 Lifelong Education Institute at the Plaintiff and the Defendant on October 16, 2012 (a) the term “the primary contract with the Defendant on October 16, 2012.”

(b) At the time of the first contract, the Operating Agreement for Credit Bank System (Evidence A 1-1) contains the following contents:

1. This Convention may establish a degree course in the curriculum operated by the defendant, and determine matters concerning the overall operation of such degree course.

(2) The Plaintiff’s public relations agency contract is valid only when the number of registered students is at least 20.

(Article 3). (3) The defendant's business is as follows:

(1) Article 5(1)(i) of the curriculum operation and management ii) the conferment of the president’s degree iii) the receipt and management of tuition fees iv) the provision of lecture facilities suitable for the number of students recruited by the Plaintiff vi) operational expenses (vii) the provision of space and facilities necessary for the Plaintiff’s administrative and public relations activities (Article 5(2)(i) the Plaintiff’s duties are as follows: (ii) the external public relations of the headquarters of the principal school on behalf of the Plaintiff, (iii) the operation and management of the faculty, (iv) the provision of teaching materials, and (vi) the operation and management of various learning activities, including the provision of teaching materials, (vii) the provision of teaching materials, and operation and evaluation, etc., for the smooth operation of the Defendant’s curriculum, and (vii) the allocation of managers for the smooth operation of the Defendant’s curriculum, and (v) the support and education of the principal professor and the teaching instructors, and other matters determined through consultation between the Plaintiff and the Defendant, ⑤ the remainder of the operating expenses directly paid by the Defendant out of the tuition fees:

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