(영문) 서울중앙지방법원 2017.01.25 2016가합520442

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(영문) 서울중앙지방법원 2017.01.25 2016가합520442

위약금 및 손해배상 청구의 소

Text

1. The Defendant’s KRW 1,235,036,591 as well as 6% per annum from December 1, 2016 to January 25, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s contract for the provision of strong services 1) The Plaintiff and the Defendant concluded an instructor contract with the effect that the Defendant would provide the Plaintiff with strong services from November 3, 2010 to November 30, 2013 (hereinafter “instant primary contract”).

(2) On September 25, 2012, the Plaintiff and the Defendant entered into an instructor contract with the following contents (hereinafter “instant secondary contract”) with the term of contract from January 1, 2013 to December 31, 2015, and on the front of the said secondary contract, the phrase “1. The instant secondary contract is replaced by the instructor contract entered into on November 1, 2013 as of November 3, 2010. The down payment is KRW 400 million.”

Article 3 (Scope of Business) (1) The scope of business of Gap (the plaintiff and the same hereinafter) under this Agreement shall be as follows:

1. A shall develop, build, operate, maintain and repair systems necessary to provide lectures to users;

2. A shall establish and operate a system necessary for the settlement and collection of tuition fees from users;

3. A shall photograph and edit a lecture service and make a lecture service and, when necessary, provide places, such as stacks, etc.

4. A shall take charge of planning and operation of lecture services.

(2) The scope of services of B (Defendant; hereinafter the same shall apply) under this contract shall be as follows:

1.B shall ensure that Party A complies with the schedule and plan for the production of lecture services presented by Party A so that the lecture services may be provided to users without interruption.

2. Eul complies with the obligations of exclusive contracts with Gap and provides lectures exclusively to the plaintiff.

3. Eul shall actively cooperate in the improvement of the sales and level of lectures and in the development of new lectures services.

Article 4 (Term of Contract) The term of contract under this Agreement shall be from January 1, 2013 to December 31, 2015.

Article 5 (Production)

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