1. The Defendant (Counterclaim Plaintiff) paid KRW 86,926,512 to the Plaintiff (Counterclaim Defendant) and its amount from October 18, 2014 to September 11, 2015.

1. Basic facts

A. The Plaintiff is an instructor who lectures the “police science” among the subjects of the public bonds examination for general police officers at a driving school located in the Nowon-gu.

From January 2013, the Defendant came to the private teaching institute project in preparation for public official examinations, and operated the C&A (hereinafter “C”) in the Nowon-gu.

B. On December 29, 2012, the Plaintiff entered into a contract with the Defendant under which the term of the contract was set from January 1, 2013 to December 31, 2016 and that the term of the contract is from January 1, 2013 to provide lectures (general and audio video lectures) in C&A (hereinafter “instant contract”).

The main contents of the instant lecture contract are as follows.

Article 1 (Purpose of Contract) The Defendant and the Plaintiff, an instructor, who operate off-line private teaching institutes and e-learning, conclude this Agreement with a view to providing lectures, etc. to the users by making lectures, selling lectures, and publishing teaching materials in good faith and sincerity, and distributing profits accrued therefrom, thereby promoting common interests.

Section 2 (Scope of Business) The business territory provided for in this Agreement shall be as follows:

(1) Article 4 (Business Activities) (1) of the Project on the Production and Provision of Services Related to On-the-job and Examination for Examinees who prepare for general police officers, and the provision of examination information, etc. (Article 4 (1) of the Project on the Defendant’s website, the Defendant shall publicize the courses of the Plaintiff and the Plaintiff through various publicity and marketing activities and actively support their sale.

(3) The Plaintiff shall cooperate in the Plaintiff’s business activities so that the Defendant can smoothly plan, produce, publicize, sell, manage, undertake, and complete the services under this contract.

Article 8 (Prohibited Acts) The plaintiff agrees to prohibit concurrent operation, competitive operation, and side operation in the Seoul metropolitan area within the scope of the business set forth in Article 2 of this Agreement during the contract period.

Article 9 (1) The Plaintiff and the Defendant have not fulfilled their obligations under this Agreement.