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(영문) 서울남부지방법원 2018.08.14 2018가합85
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

All principal lawsuit and counterclaims shall be deemed to be filed.

1. Basic facts

A. On July 27, 2016, the Plaintiff and the Defendant entered into a contract for compulsory supply (hereinafter “instant contract”) and an additional agreement (hereinafter “instant additional agreement”) with the purport that the Plaintiff would provide the Defendant with the mandatory services, and the main contents are as follows:

Article 2 (Subject Matter of Contract) (1) The plaintiff is directly demoted to a private teaching institute designated by the defendant, and the subject of the lecture shall be public officials in charge of prosecution service, police officers, police officers in charge of employment or promotion examination.

(2) The Plaintiff shall provide the Defendant with all possible forms of content, such as video content derived from the educational institute designated by the Defendant.

③ When the Defendant operates the police sphere team, the Plaintiff is responsible for and managed the mother’s death (at least once a week), counseling, and necessary lectures.

Article 3 (Term of Contract) (1) The term of contract under this Agreement shall be effective for seven years from September 1, 2016 to August 31, 2023.

Article 4 (Payment of Lecture Fees, etc.) (1) Money and other valuables such as tuition fees that the defendant pays to the plaintiff under this Agreement shall be as follows:

1. Fees for instructors on the Off-line;

(a) Comprehensive group: The number of participating persons, out of 50 percent of the sales of tuition fees (credit card fees and data deduction) of the relevant course;

(b) One-half: 50 percent of the sales amount of tuition fees for the relevant course (credit card fees and data expenses deducted);

(c) To deduct tuition fees from the settlement of tuition fees, in cases of tuition fees for private teaching institutes.

Article 21 (Penalties, etc.) The Plaintiff confirms that, in the event that the Plaintiff breached the obligation of exclusive contract under Article 15 or terminates the contract due to the Plaintiff’s cause attributable to the Plaintiff, the costs invested in the Defendant to provide lectures and the benefits of expected opportunity are incurred and the Defendant’s credit and reputation, etc. are seriously damaged.

Accordingly, the plaintiff violated the exclusive contract obligations under Article 15.

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