(영문) 서울남부지방법원 2017.11.10 2017가합101165

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(영문) 서울남부지방법원 2017.11.10 2017가합101165

손해배상 등 청구의 소

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1. The Defendant’s KRW 2,152,415,498 as well as 5% per annum from May 19, 2017 to November 10, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On January 3, 2014, the Plaintiff entered into a contract for the provision of lectures between the parties, as well as the Plaintiff’s position and source, and the Defendant’s contract for the provision of lectures. (2) On January 3, 2014, the Plaintiff entered into a contract for the provision of lectures (hereinafter “the instant contract”) with the Defendant, who is a professional instructor of Korean history, to which the Defendant would give Korean history to the “EAFwon” (hereinafter “Plaintiff’s Private Teaching Institute”).

The main contents of the contract related to the instant case are as follows, and the term of the contract was separately agreed from January 3, 2014 to January 2, 2018.

Article 3 (Contract Period) (1) The term of this contract shall be four years from the date of 201 to the date of 201.

Provided, That in cases of publications, it shall be four years after the date of publication of the first edition.

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

1. Fees for driving schools and video instructors;

(a) Comprehensive Group of Private Teaching Institutes: 50% of the sales amount of tuition fees (credit card fee deduction) in the relevant course, which is divided in proportion to the number of participating persons: 1/2 of the sales amount of tuition fees (credit card deduction) in the relevant course: 30% of the sales amount of tuition fees (credit card deduction) data deduction: Provided, That expenses for class assistance, such as reproduction, shall be excluded when the tuition fee is settled; 2. 3% of the sales amount of video (credit card deduction, 30% of the deduction of credit card fees, and premiums or teaching materials provided by the Plaintiff for promotion of a short video printing;

2. Fees for the use of copyright of publications;

(a) Basic document: 12% of the fixed price;

(b) Other works: 10% of the fixed price; and

(c) applying the rate of 10 per cent of the return/wastes when calculating the human tax, and the free increase and inventory quantity shall be excluded from the calculation of the human tax;

The plaintiff and the defendant may conclude a separate publication contract according to mutual agreement.

3. Down contract amount.

유사 판례

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-서울중앙지방법원 2014.12.19 2013가합89278

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