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(영문) 울산지방법원 2015.09.17 2014나8707
임금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From March 14, 2012 to November 2012, the Plaintiff provided work as an instructor of a private teaching institute at the D Teaching Institutes (hereinafter “C Teaching Institutes”) from November 2012 to March 15, 2013.

B. On October 10, 2011, the Defendant agreed to operate a private teaching institute with E and C in partnership, and entered into a private teaching institute business agreement (hereinafter “instant business agreement”). The main contents of the instant business agreement are as follows.

The Defendant (hereinafter referred to as “A”) and E (hereinafter referred to as “B”) shall enter into a contract for the following business in order to jointly operate CK and jointly distribute profits therefrom:

Article 1 [Purpose] The purpose of this Agreement is to record and prescribe all matters concerning future liquidation as well as matters related to the operation of a private teaching institute in order to jointly establish and manage a private teaching institute by “A” and “B”.

Article 3 / [Investment]

A. “A” shall contribute to the Flockt million won (70,000,000) necessary for the proceeding of the project. B

“A” and “B” shall be invested in an appropriate amount under mutual agreement if additional expenses incurred in the initial amount of KRW 230,000,000 (230,000) of KRW 230,000,000, which is necessary for the establishment of a driving school, are required, and additional documents shall be attached to the written agreement.

Article 4 (Distribution of Profits)

A. The terms “A” and “B” among profits from the operation of a private teaching institute, the first and the middle sales are owned by “B” as “A” and all incidental expenses (monthly, middle class instructor fees, vehicles, and public charges) are paid.

In the future, public charges that are short-term consumers shall be discussed with Gap appropriately.

B. In addition, the interest that “A” received as a loan due to the relationship in which there are no lots of sales of “A” within one year shall be paid by “B”.

Article 5 [Bearing of Expenses] In principle, all expenses incurred in the operation of a driving school shall be borne at the same rate between A and B, and the sales of a driving school shall be made.

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