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(영문) 서울남부지방법원 2016.11.23 2016가단203692
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in Internet education services, such as online video lectures, and the Defendant is an instructor who gives lectures under the Criminal Procedure Act to examinees preparing for a police official examination.

B. On October 3, 2014, the Plaintiff and the Defendant entered into an online lecture and a contract for management of instructors (hereinafter “instant contract”) with a view to setting the scope of work necessary for the Defendant to provide learners with educational contents, such as online motion pictures, through wired and wireless Internet, broadcasting, or other similar media operated by the Plaintiff for a period of time, in order to determine the scope of work, etc. necessary for the Defendant to provide learners with online motion pictures, etc.

Article 8 (Production, Operation, and Support of Individual and Company website)

1. The plaintiff may produce, operate, and support the defendant's individual and company homepage, and the defendant shall designate it as an official homepage in the case of support.

In addition, the official website may not be produced and operated in duplicate to other companies without the consent of the plaintiff.

2. The defendant may freely proceed with the lectures of offline to other businesses of the same industry.

Provided, That the defendant shall provide the same or similar lectures to the plaintiff at the same time in consultation with the plaintiff at the same time when the online lectures should be conducted in the same company, separate from the online lectures that are services in the official website.

3. In the event that the Defendant violated Article 8(1) and (2) during the term of the contract, the damages and penalty specified in paragraph 5 below may be incurred, and the Defendant shall pay to the Plaintiff in total.

(b)

5. Under the above 3. Paragraph (3), the Plaintiff may claim damages against the Defendant in relation to the expenses incurred in relation to the instructor management, the expenses incurred in the production, operation, and support of the website, and the Plaintiff’s image deterioration.

In addition, separately from the amount of damages, the defendant shall be the monthly average of the immediately preceding one year as of the time when the plaintiff violated the contract.

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