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(영문) 광주지방법원 2015.07.08 2013가단58809
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1, 2, and 10 evidence 1, 11, 1 through 5, 7, 8 evidence 6-1, 2, and 3 as well as witness C, witness C, witness E's testimony, and witness E's testimony.

On April 28, 2011, the Plaintiff: (a) delegated the Plaintiff with the education of the Defendant’s customer and the management of the Defendant’s teacher; and (b) concluded a “B Study Center Business Contract” (hereinafter “instant contract”); and (c) written “actal guidelines” and “business secret” at the Defendant’s request on the same day.

From May 1, 2011, the Plaintiff began to manage 500 to 600 subjects entrusted by the Defendant.

The main contents of the instant contract are as follows.

(As seen below, Article 10(1)(b)(8)(4) of the Korea Fair Trade Commission’s review of terms and conditions has been deleted, and Article 14 has been amended). 2 (Status of Director of the Center)

1. The head of the Center shall provide free occupational income with only “services” entrusted and managed by the Company, and shall receive the entrusted management fees determined by the Company accordingly.

Article 4 (Duties of Head of Center) 10. The head of the Center shall not bear any debt against a third party in the name of the company.

Article 10 (Termination of Contracts)

1. A company may terminate this contract ex officio to the head of the Center in any of the following cases:

(B) Where the head of the Center causes financial or external image damage to the Company due to his/her failure to perform his/her duties. (2) When the Company sells any product other than the product determined by the Company, (4) When the Company divulges any confidential information learned during the performance of the contract or causes damage to the Company or its customer due to any transaction or tort with the same competitor, etc.

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