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(영문) 서울중앙지방법원 2014.12.19 2013가합89278
위약금등
Text

1. The Defendant’s annual interest in KRW 209,453,666 to the Intervenor who subscribed to the Plaintiff, as well as in relation thereto, from January 25, 2014 to December 19, 2014.

Reasons

1. Basic facts

A. The Plaintiff, in Seoul and Busan, is a company running the Maar Jam Research Institute, which is a preparatory driving institute for the appointment test of public officials. On December 18, 2010, the term of the contract was set between the Defendant, who is a B instructor, and the Defendant, as the B instructor, entered into a publication and lectures contract on B lecture (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 3 (Payment of Price)

1. The Plaintiff should pay the Defendant’s educational goods and content as follows:

One half of the lecture fees for a private teaching institute: 10% of the amount of tuition fees (deduction for credit card fees) for the relevant course (Proportional distribution among the 1/2 of the tuition fees for the relevant course): Provided, That the Busan YJ shall be 4 million won, including the traffic expenses for the 7, 9, and 2,500,000 won, including the traffic expenses for the joint-time group, and the Busan YJK may be adjusted according to the future circumstances.

(2) Single-class: 50% of the sales of tuition fees (credit card fees) for the relevant course: Provided, That 70% for the six-month period from January 201 to July 201 for Busan JJ institutes, and 60% for the six-month period from July 201, and 50% for 200 or more students, and 60% for 200 students later, shall be paid and 60% shall be paid.

(b) The same cinematographic treatment: 30% of the sales amount of dynamics (credit card commission): Provided, That the expenses for free gifts and teaching materials provided by the plaintiff for the promotion of dynamics shall be deducted from the sales amount in calculating the sales amount.

(c) Royalties for copyright of publications: To comply with a separate agreement;

Article 4 (Rights)

1. The plaintiff's right

(a) The defendant's private teaching institute lectures, online lectures, and exclusive use rights and copyrights of derivative works;

(b) Authority to determine the opening and cancellation of lectures, selling prices (tuition fees, teaching materials, motion pictures), publishing copies, design, etc.;

C. The Defendant’s exclusive right to photographs, copyrights, neighboring rights, and ownership of the Defendant’s private teaching institute lectures

D. The defendant and the defendant.

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