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(영문) 서울남부지방법원 2016.04.21 2014가합112133
위약금 등
Text

1. The DefendantB paid 264,516,315 won to the Plaintiff and 5% per annum from December 15, 2014 to April 21, 2016.

Reasons

Basic Facts

The Plaintiff is a corporation established for the purpose of the operation of a private teaching institute, etc., and the Plaintiff operates the “Dental Institute” (hereinafter the “Dental Institute”). The Defendants concluded a contract for the provision of lecture and publication, etc. with the Plaintiff, and worked as an English instructor and a Korean language instructor at the said institute, respectively.

Defendant C entered into an exclusive publication contract with the Plaintiff and the Defendants on November 26, 2010, and Defendant B entered into a contract for publication and lectures with each stock company on February 8, 2011. On June 2013, Defendant C agreed to provide lectures from the instant private teaching institute until December 31, 2013 by December 28, 2013.

On November 1, 2013, before the end of each of the above contracts, the Plaintiff entered into a contract with Defendant B, and the above Defendant’s strong intent to teach English subjects at the pertinent private teaching institute (hereinafter “instant English contract”) from March 1, 2014 to December 31, 2018, and Defendant C, as the above Defendant’s compulsory intent to teach the Korean language (hereinafter “instant contract”) from January 1, 2014 to December 31, 2018.

Article 3 (Contract Period) (1) The term of this contract shall be four years and ten months (58 months) from March 1, 2014 to December 31, 2018.

(2) If the Plaintiff and the Defendant B do not want to extend the term after the expiration of the term of the contract, or wish to change the term of the contract, they shall express their intent within three months before the contract

In the absence of any separate notice, this Agreement shall be automatically renewed under the same terms and conditions (other than the terms of the special agreement).

Article 4 (Payment of Lecture Fees, etc.) (1) Money and other valuables for instructors, etc. that the Plaintiff pays to Defendant B pursuant to this Agreement shall be as follows:

1. Fees for driving schools and video instructors;

(a) A comprehensive group of lecture fees of a private teaching institute: The amount of sales of lecture fees (credit card fees) of the relevant courses;

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