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(영문) 인천지방법원 2016.11.11 2016나54940
위약금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On September 11, 2012, the Plaintiff entered into a contract with the following content (hereinafter “instant contract”) on the basis that the Defendant would receive certain fees, teaching materials, and material costs in return for providing educational programs, teaching materials, and educational materials to the Defendant (hereinafter “instant contract”).

1. Plaintiff A: The case concerning the introduction of the Defendant school and the program provider and the contract for all departments related to science as a school lecturer;

The term "school" means all institutions supporting lecture rooms.

2. Terms and conditions of the contract;

(a) Recognizing that the contract with Party A for life science established at a school of Incheon Metropolitan City, Si, Si, Seocheon-si, and for departments related to science was concluded with Party B, thereby enabling Party B to act as an after-school instructor due to Party B’s contribution, and that corresponding fees shall be deposited into Party B’s designated account within 20 days after the end of the payment unit of each school’s tuition fee payment period as follows:

(1) The fee rate shall be determined by classifying as follows: (a) the total tuition fees per hour (all kinds of rent) x 10%) lecture fees per student (all tax deposit amount x fee rate x the total number of students x 10 to 9) 10% of the fee rate of at least 10 to 15% of the total number of students x 109 students x 10% of the fee rate of 15% of the total number of students ; orders and methods of payment.

(b) Order and Return Regulation 1) A orders Party A to take four-time teaching materials in the form designated in the e-mail of Party A, not later than one week prior to the date of the request for the minimum release of them into four-time units, and deposit Party A’s teaching and material costs into the designated account by the 20th of each month. (ii) If the operating period in the pertinent school year is less than 12 months, it shall be ordered in advance

4 In principle, return shall not be made in principle, and where consultation with A is made with A, the goods to be returned shall be immediately notified to A and the goods to be returned shall arrive on the date designated by A.

It shall be recognized as return only if it arrives within the time limit.

5...

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