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(영문) 서울동부지방법원 2017.11.29 2016가단135550
약정금
Text

1. The Defendant’s KRW 31,270,018 as well as 5% per annum from July 19, 2017 to November 29, 2017 to the Plaintiff.

Reasons

1. Facts without dispute;

A. On October 2015, the Plaintiff entered into a contract with the Defendant for the development of after-school programs with a local government and for the employment of instructors, and subsequently, entered into a delegation contract for local human resources promotion projects (hereinafter “instant delegation contract”) with the effect that the Defendant delegates the specific operation thereof to the Plaintiff.

The main contents are as follows:

Article 2 Details of the project prescribed in the delegation contract for the purpose of the project are limited to the implementation of educational-related projects, such as after-school schools, briefing sessions, exchange of information on university admission time, provision of instructor staff, consultation at entry time, etc. for regional human resources promotion projects implemented by the basic local governments located in the Jeonra South

Article 3 Details of Delegation

1. The defendant delegates only to the plaintiff the purpose business related to the delegation contract, and the plaintiff agrees to operate the purpose business on behalf of the defendant only for the purpose business delegated by the defendant.

2. The representative agency of the target project is in charge of the Defendant, and the Plaintiff is responsible for bid for the regional human resources promotion project within his/her jurisdiction, the supply and management of instructors, and the overall operation.

Article 4 Distribution of Profits

1. The revenue amount related to the objective business shall be deposited in a commercial bank passbook designated by the defendant, and the distribution of the revenue amount shall be as follows:

The monthly revenue shall be deposited in the passbook in the name of the plaintiff within a week from the deposit date of the revenue after deducting the amount equivalent to 7.5% of the monthly revenue and taxes.

B. The plaintiff bears all the expenses incurred in relation to the instructors and employees dispatched under the responsibility of the plaintiff and the objective business.

2. The revenue and all operating expenses related to the target project shall be shared between the defendant and the plaintiff;

B. On March 2016, the Defendant entered into a contract for consignment operation (contract amounting to KRW 188,100,000, contract amounting to KRW 188,100,000, and contract period from March 14, 2016 to November 30, 2016) with C group and D (four high schools within the jurisdiction of C group) for after-school classes.

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