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(영문) 서울중앙지방법원 2020.11.05 2019가합553092
손해배상(기)
Text

1. As to KRW 500,000,000 and KRW 250,000 among the Plaintiff, the Defendant shall start on July 2, 2019, and the remainder 250,000.

Reasons

1. Basic facts

A. From November 2012 to December 2017, the Plaintiff provided a chemical subject at C Co., Ltd., an online lecture firm subject to high school students, and served as a chemical teacher at SeoulD High School from March 1, 2018.

The defendant is a corporation for the purpose of private teaching institute business, Internet education broadcasting station, etc., and runs online lectures business and private teaching institute business through the website (F).

B. On December 1, 2018, the Plaintiff and the Defendant provided video lectures and related teaching materials for the chemical subjects, and the Defendant entered into an online lecture contract to exclusively distribute and sell them online and to distribute profits generated therefrom (hereinafter “instant lecture contract”) and entered into an additional agreement on the payment of down payment of KRW 750,000 (hereinafter “instant down payment”).

The following are relevant to the instant lectures and additional agreements.

E Definition of the terms of Article 2 of the Online Lecture Agreements

3. Content: It means contents that include the lectures of dynamic images created by the use of offline lectures, the lectures of motion pictures planned and taken by stedio, and information and goods essential for the smooth participation of consumers;

Article 3 The plaintiff shall provide the defendant with the relevant lectures, teaching materials, necessary additional information and goods necessary for the smooth service and the composition of contents.

The defendant constitutes contents by using the lecture of the off-line or steiso planning provided by the plaintiff and provides lectures through the service media.

Article 5 (Settlement of LectureS) Settlement of Demotions and Teaching Materials

A. The defendant shall pay 30% of the plaintiff's net sales to the plaintiff.

2. Settlement of teaching materials for lectures;

A. In the event that the Plaintiff directly supplies the teaching materials, the Defendant’s net sales, excluding partnership fees, discount fees, settlement fees, etc. with the external company among the sales from the sales of the Plaintiff’s teaching materials.

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