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(영문) 서울중앙지방법원 2018.11.09 2018가합528150
선급금의 정산 청구 및 채무부존재 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of providing education services in foreign languages, and the Defendant is a school foundation that establishes and operates B.

B. From February 1, 2018 to January 31, 2019, the Plaintiff entered into an agreement on the consignment operation of the special course of foreign language, such as earth and sand, with the Defendant and the Plaintiff to operate the special course of foreign language with the Defendant students (hereinafter “instant consignment operation agreement”), and the main contents thereof are as follows.

Under the contract for the entrusted operation of the special courses in foreign languages, such as Saturdays, the minimum amount of profit-sharing guaranteed under the separate contract for the entrusted operation of the special courses in foreign languages shall be 27% 73% 50,000,000 won/years

3. Contract amount (distribution of earnings and minimum amount of profit security);

4. Contract deposit: 30,000,000 won.

(a) The above contract performance guarantee shall not cover 10 per cent of the annual total estimated revenues calculated for the convenience of the contract, and shall not guarantee sales or profits of the plaintiff or the defendant.

(b) Contract performance guarantee money shall be paid in lieu of the same value as guaranty insurance policy.

6. Methods of final settlement and settlement of revenue amount;

C. The Plaintiff, regardless of the amount of income, shall guarantee the Defendant to transfer KRW 50,000,000 to the Defendant, and the amount of KRW 50,00,000,000, the Plaintiff shall be selected and transferred as the Defendant’s designated account within 10 days after the date of commencement

7. Operation of programs;

A. Program publicity is responsible for the Plaintiff, and publicity costs are borne by the Plaintiff.

The contents and methods of publicity shall be determined through prior consultation between the plaintiff and the defendant.

C. The Plaintiff is responsible for the overall operation of the program, including planning of programs under this Agreement and the employment and management of instructors.

10. Extension and termination of a contract;

C. In the following cases, the defendant may terminate this contract even if the contract term expires, and have the contract deposit reverted to the defendant:

When a contract is terminated, the minimum amount of profit security that the plaintiff has paid to the defendant shall be calculated monthly and settled, and the contract is terminated.

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