(영문) 서울중앙지방법원 2018.08.23 2016가단5268056

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(영문) 서울중앙지방법원 2018.08.23 2016가단5268056

손해배상(기)

Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate of 5% from April 6, 2017 to August 23, 2018.

Reasons

1. Basic facts

A. On September 29, 2016, the Plaintiff and the Defendant concluded a business-related contract with the early childhood education institution (hereinafter “instant contract”) under the name of “C contract,” and the main contents are as follows.

Article 1 (Purpose) The purpose of this Agreement is to prescribe all matters concerning the business of early childhood education institutions and programs developed by the plaintiff by utilizing the defendant's content, and to faithfully implement this Agreement in accordance with the principle of mutual trust and good faith.

Article 2 (Scope of Business and Obligations of Parties)

1.The term “project” is limited to projects related to early childhood education institutions;

2. Goods developed through the Project will be released from the market to the trade name determined by the plaintiff or the plaintiff.

3. The defendant shall provide the plaintiff with the contents necessary for the plaintiff's business (related videos, sound sources, musical records, and scripts, etc.) and the right to develop and commercialize them, and shall provide the trademark.

1) Contents necessary for the development of teaching materials: Contents necessary for the performance business of the Defendant’s Odiresearch-related educational shots, video, sound sources, and musical music 2): Provision of the Defendant’s performance manual and performance equipment owned by the Defendant;

4. The plaintiff shall operate the business (development, manufacture, sale, and management) as the main body of the development and supply of all programs (i.e., teaching materials and related performances, educations) related to the business.

Article 4 (Conditions of Business and Distribution of Profits)

1. The plaintiff shall deposit 100,000,000 won as the down payment under this contract with the defendant as a deposit, and shall additionally provide the defendant with funds necessary for business stabilization.

Details of the deposit shall be governed by a plan for deposit of additional deposit.

2. The Plaintiff pays 10% of the sales of this business (i.e., teaching materials and substitute performances) to the Defendant on a quarterly basis within 15 days from the date of the settlement of each quarter for the use of the trademark and content provided by the Defendant.

Article 5 (Termination of Contract)

1. The plaintiff and the defendant shall state their reasons in the following cases:

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