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(영문) 서울고등법원 2015.12.11 2015나4049
심사비지급청구 등
Text

1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

The Defendant Lessee (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a company established for the purpose of certifying the management system domestically and abroad and publishing related data, and the Plaintiff is a person who has engaged in the business of certifying quality management (referring to the business activities of systematically designing, managing and improving quality in order to set and achieve the quality goal with which the company, public institution, or organization can satisfy the customer) at the Defendant company.

(Terms of Contract) A shall conduct the review personnel training to B and receive the review personnel training at the direction of B without delay.

B shall accept the examination committee training in good faith until the end of the examination committee training and shall comply with the following matters after the completion of the examination committee training:

1) In principle, “A” shall serve as an examiner for three years from the date of registration of the examiner: Provided, That the foregoing shall not apply where there is no plan to fill the examiner for “A”; ii) if “A” cannot serve as an examiner due to personal inevitable circumstances, he/she shall consult with “A” in advance.

In such cases, A may claim training expenses (not exceeding 3 million won) against B.

3) Confidential information known during the training period is maintained strictly, and the transportation and lodging expenses required for the training of the review personnel are assessed against B. B. On September 16, 201, the Plaintiff entered into an agreement with the Defendant on the review personnel that the Defendant would conduct the review personnel training with the Plaintiff and, if the Plaintiff acquired the qualification of the review personnel, the Defendant would take charge of the examination of the review personnel, and received the review personnel training from the Defendant. The key contents of the review personnel agreement are as follows (the “A” refers to the Defendant, and the “B” refers to the Plaintiff.

2.The principal shall observe the matters of a labor contract and a written pledge of confidentiality, promise to observe strictly the following matters, and draw up this pledge:

1. The hours for commuting to and from work shall be strictly observed.

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