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1. The Defendant’s KRW 160,000 and the Plaintiff’s annual rate of KRW 6% from July 10, 2018 to April 5, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person established for the purpose of publishing books and the operation of private teaching institutes, etc., and provides educational services for conducting after-school learning through the school page, which is called “C Public Records Center.”
B. Around February 22, 2010, the Defendant entered into an entrustment contract with the Plaintiff on the terms of guiding, managing, and receiving commission fees as a guidance teacher. From around that time, the Defendant was affiliated with the Ulsanbuk-gu E and F of the Ulsan Industrial Complex (the head of the branch office D) and operated C public book.
C. On August 22, 2017, the Plaintiff and the Defendant concluded a new consignment contract (instant consignment contract) that partially amends the terms and conditions of the initial consignment contract, among which the terms and conditions relating to the instant case are as follows.
Article 1 (Purpose of Entrustment Contract) Guidance Teachers (referring to the defendant; hereinafter the same shall apply) shall manage and guide the members entrusted by the Company (referring to the plaintiff; hereinafter the same shall apply) in accordance with the Members Management Regulations, recruit new members for the Company, collect the amount of membership fees designated by the Company, and the Company shall pay the guidance teachers fees in accordance with the Regulations on Payment of Fees.
In this case, the tax applicable to the guidance teacher shall be treated as business income, and the company shall pay the guidance teacher after deducting the tax from the fee to be paid to the guidance teacher.
Article 11 (Collection of Membership Fees) (2) A guidance teacher shall pay to the company the monthly membership fee of all the members except the members whose guidance has been suspended pursuant to Article 4 (1) 1 to be paid in advance by the fifth day of the corresponding month (a separate announcement at the time of the change of the date).
Article 13 (Termination of Contracts) (1) Where any of the following causes occurs, a guidance teacher and a company may proceed with the procedures for termination of contracts:
1. Where a guidance teacher wishes to terminate a contract due to personal reasons, the guidance teacher shall be determined by the company not later than 90 days before the date on which he/she wishes to terminate the entrusted service.