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Reasons
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(영문) 서울중앙지방법원 2014.12.17 2014가합546983
양수금
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1. The Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) and between Nonparty B and the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On August 26, 2011, the Defendant, including entering into a contract for the provision of online vouchers, developed the online English learning content of “C” and entered into a contract for the provision of online vouchers with Nonparty B Co., Ltd. (hereinafter “B”) (hereinafter “instant contract”) on August 26, 201.

The main contents of the instant contract are as follows.

Article 2 (Definition of Use and Type of Items)

1. C Online Vouchers means a good that can use C’s online services for a period of one month;

Article 3 (Items) The list of goods commonly used in this Agreement shall be as follows:

Articles 4 (Contract Amount and Settlement Conditions) (Contract Amount) 3,33,15,00 49,995,00 49,999,500 500 549,994,500 50

1.B shall pay to the Defendant an amount of KRW 199,95,00 (excluding value-added tax) equivalent to 13,333 within 10 days after the contract is made.

2. B shall pay 100,005,000 won (excluding value-added tax) equivalent to 6,667 pieces to the Defendant within 10.10.10

3.B shall pay no later than 11.10.10,000 won (excluding value-added tax) equivalent to 6,667 items to the Defendant.

4. B shall pay within 12.10.10.00 won (excluding value-added tax) equivalent to 9,990,000 items consisting of 6,666 items.

6. With respect to the amount paid by B, the Defendant is not liable for repayment in any case.

Article 5 (Terms and Conditions of Services)

2. The employer shall target B and the students of educational institutions such as private teaching institutes agreed upon by the Defendant, and B shall not sell them directly to the individual.

3.B should ensure that the price at which an educational institution sells to students does not exceed 90 per cent of the Defendant’s selling price.

In the case of a monthly right, it shall not be sold not more than 24,300 won (excluding value-added tax).

Provided, That price adjustment may be made under prior agreement with the defendant.

Article 6 (Term of Contract) The term of this contract shall be the same.

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