The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Basic Facts

A. The Defendant is a juristic person established for the purpose of operating a private teaching institute business, etc., and is operating a private teaching institute that provides English and academic education to elementary and middle school students on the 9th floor of Suwon-si C building in Suwon-si (hereinafter “instant private teaching institute”).

B. The Plaintiff entered into an entrustment contract with the Defendant (hereinafter “instant contract”) and took part in the education course for middle students from March 25, 2013 to February 28, 2018 at the instant private teaching institute.

Article 2 [Status of Plaintiff] 1) The Plaintiff is a business income earner who provides lectures and learning management services to the students entrusted by the Defendant, and receives commission fees according to the results. 2) The Plaintiff does not have working hours for the business income earner who provided lectures and learning management services to the students entrusted by the private teaching institute, but the Plaintiff consents to the provisions of the “management of the members” which the Defendant and the Plaintiff consulted with each other.

(hereinafter) Article 6 [Calculation of Fees for Entrustment] Calculation of the rate of commission applied to comparison with the sales = Monthly sales = Fees 】 Fees ratio (the monthly sales amount shall be 3.3% of the card commission from the Defendant’s actual sales amount, which shall be the amount limited to consultation with the member royalty 16,50 won, and which shall be the amount limited to consultation with the member royalty 16,500 won)

4.The monthly fees calculated pursuant to paragraph 1 above shall be paid by applying the following rates on the 10th of the following month:

Provided, That if the 10th day is a non-business day, it shall be paid on the next business day.

(hereinafter) Article 7 (Replacement of Business) 1) Where the Plaintiff is temporarily unable to handle entrusted affairs due to inevitable reasons, such as a disease or an unforeseen accident, during his/her business activities, the Plaintiff may, with prior consent of the Defendant, have a third party, who is a trainee, replace the entrusted affairs within seven days. (hereinafter the Plaintiff’s duty not to engage in competitive business) Article 9 (1) [1] The Plaintiff without prior consent of the Defendant during the contract period.