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(영문) 서울중앙지방법원 2016.04.20 2015가합553636
선급금반환
Text

1. The Defendant’s KRW 386,294,058 as well as 6% per annum from January 1, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, who entered into an online lecture cooperation contract between the Plaintiff and the Defendant, actively cooperate in the production and publicity of online lectures for the Internet contents business using all wire media, including the Plaintiff’s “Internet Education Content Business,” and thereby, provide the following services and conclude this contract in order to maximize the mutual interests of the Plaintiff and the Defendant.

The purpose of Chapter 1 of the General Provisions is to prescribe matters necessary for the distribution of educational contents, including the Defendant’s video lectures and learning materials, through wired and wireless Internet, wire and wireless broadcast, and any other wire and wireless media (Mono PPP, IPTV, etc.) operated by the Plaintiff or affiliated business operators, and to set the various rights and obligations among the two.

Part II Article 3 of the Definition of Affairs in General

1. The defendant shall provide the plaintiff with the pertinent offline lectures, teaching materials, necessary additional information and goods necessary for the smooth operation of the media lecture and the composition of the content.

2. The Plaintiff constitutes a content with the Defendant’s Odra or Switzerland planning lectures and provides the media lectures through a service medium.

Article 4. The Plaintiff’s publicity and marketing activities shall actively publicize the courses of the Defendant and the Defendant through a service medium operated by Skyna (www. Skyedu.com).

The plaintiff shall make every effort to promote the defendant's online lectures and the sales of teaching materials.

B. In order to promote sales, the Plaintiff may implement policies to partially discount the tuition fees for the Defendant’s online lectures or provide them free of charge for a certain period to the site of cooperation, online members, users of off-line private teaching institutes, etc.

(c)in respect of discounts, etc. for marketing and public relations, the net sales for the settlement of accounts under Article 5.

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