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(영문) 서울남부지방법원 2018.06.15 2017가합111032
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Plaintiff is a company running a general dormitory-type private teaching institute management business, etc., which gives a lecture to prepare for the police appointment promotion examination. The Defendant is an instructor who entered into a contract with the Plaintiff from August 201 to entered into a police lecture agreement with the Plaintiff and gave a lecture related to the introduction of the police science.

B. On September 1, 2016, the Plaintiff entered into a mandatory contract with the Defendant (hereinafter “instant compulsory contract”) with the following content.

In concluding the contract of the lecture, A and C shall be included in the contract of the lecture, and B shall be included in B and shall be agreed upon and in good faith as follows:

Article 1 (Purpose) B shall provide lecture services (including practical lectures, remote lecture services, distribution of lecture contents, etc.) to users recruited by Gap, and Gap shall distribute and pay tuition fees for the lecture services of Eul.

Article 4(1) The term of contract shall be as follows: ① In the case of actual lectures, five years; ② in the case of remote lectures, five years) B shall obtain the consent of “A” regardless of region and series of class, if a person wishes to take a lecture during the term of the contract.

In addition, without the consent of the Party A, no and all remote lectures may be taken by other institutes or other institutions regardless of the series of class, and no service or provision may be provided.

Article 5 (Distribution and Payment of Tuition Fees for Actual Courses) A shall allocate and pay lecture fees paid by students who attend the practical courses of Eul as follows:

1) A and B may, under mutual agreement, change the said distribution rate and amount to a separate agreement according to the change of the regulations of the private teaching institute, even during the contract period, under the mutual agreement between Party A and B. In the event of a violation of Article 4(1) and (2), the total amount of investment (including tuition fees, public relations expenses, and other revenues) of Party A as penalty shall be paid or used in any form, including a penalty.

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