1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination as to the cause of claim

A. 1) From September 20, 2014 to June 27, 2015, the Plaintiff served as a school lecturer from the “B Study” operated by the Defendant against senior high school students. 2) From March 2015, the Plaintiff and the Defendant agreed to pay the Plaintiff the tuition fees calculated by deducting 2.5% of the card fee from the tuition fees paid by the Defendant to the Plaintiff.

3) The Defendant received KRW 6,960,00 from 16 students who participated in the Plaintiff’s lecture in June 2015. Among them, 152,00 won paid as tuition fees for May 2015 and 160,000 won paid as tuition fees for one student who gave up the lecture due to personal reasons, and the Defendant’s actual amount paid as tuition fees for June 2015 (=6,648,00 won - 152,000 won - 160,000 won). 【The fact that there is no dispute over the grounds for recognition, the video of the evidence No. 1, and the purport of the entire pleadings.

B. According to the above facts of determination, the Plaintiff was not paid 3,889,080 won (=6,648,000 won ¡¿ 6,648,000 x (10% x 2.5%) equivalent to 60% from the remainder after deducting 2.5% of the card fees from the Defendant for June 2015.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying each ratio of 3,889,080 won per annum under the Commercial Act from June 28, 2015 to January 5, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, which is clearly recorded by the Plaintiff from June 28, 2015 when the delivery date of a copy of the complaint in this case was completed by the Plaintiff.

2. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion is that the Plaintiff arbitrarily takes ten students while retiring from the Defendant’s educational institute.