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(영문) 서울중앙지방법원 2020.01.23 2018가합534230
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant established and operated a lifelong education center affiliated with C University (hereinafter “Lifelong Education Center”). The Plaintiff was a representative director of D Co., Ltd. (hereinafter “instant company”) and was employed as a professor exclusively in charge of lifelong education.

The Lifelong Education Institute (hereinafter referred to as the “A”) and the instant company (hereinafter referred to as the “B”) enter into the following agreements:

Article 4 (Period and Extension of the Convention) (1) The term of validity of this Convention shall be from the commencement date of classes to the completion date of the four-year graduation (eight-year graduation) of the students in the contract year, and the conclusion of the contract shall be on a yearly basis.

(2) “A” shall give notice of termination to “B” one semester (six months) before the expiration of the contract period, and if there is no declaration of intention, the contract period shall be extended.

Article 9 (Distribution of Revenue) ① “A” shall pay “B” 65% for one-year vehicle from tuition fees and 70% for two-year years from tuition fees (including surtax).

Provided, That other expenses paid by a school shall be excluded.

B. On May 18, 201, the Defendant concluded an agreement with the instant company on the following (hereinafter “previous Convention”) with the view to jointly operating the management major curriculum of degree courses with the Credit Bank System of the Lifelong Education Institute (hereinafter “instant curriculum”).

C. On July 12, 2012, according to relevant provisions such as Article 3 of the Act on Recognition of Credits, Etc. in the Audit and Inspection of the Ministry of Education, Science and Technology, the Defendant entered into an agreement that directly entrusts F Co., Ltd. with all of the matters concerning the recruitment and publicity of students of the media entertainment course, and paid the agreement to F Co., Ltd. for up to 65% through 80% by allocating revenues therefrom.

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