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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 48,808,357 as well as January 3, 2018.
Reasons
1. Basic facts
A. On December 3, 2007, the Plaintiff entered into a contract with E, which operated D Private Teaching Institutes (hereinafter “D Private Teaching Institutes”) under the name of D Private Teaching Institutes (hereinafter “D Private Teaching Institutes”) on December 3, 2007, setting the contract period from December 16, 2007 to November 16, 2008, and concluded a contract with the instant Private Teaching Institutes (hereinafter “D Private Teaching Institutes”) to teach chemical subjects in the instant Private Teaching Institutes. By December 2013, the Plaintiff entered into a contract with the Plaintiff to renew the lecture service agreement every year and worked as a chemical instructor at the instant Private Teaching Institutes (hereinafter “D Private Teaching Institutes”).
B. The initial contract between the Plaintiff and E does not state any particular matters concerning the standards for the payment of lecture fees or the method of payment, except that “the amount of lecture fees shall be calculated on a monthly basis and paid at the end of each month.” The contract for the lecture written on December 8, 2008, the next year, includes “52,00 won for contract amount, 10% for retirement bonuses: the total amount of lecture fees per month: 10% for retirement bonuses”; and “B (the Plaintiff; hereinafter the same shall apply)”, along with relevant evidentiary documents by no later than the 25th day of each month; “A shall pay the corresponding amount to B and in cash at the end of each month; “A shall pay the total amount of the monthly reserve calculated to cover retirement bonuses of B”; “B shall pay the amount equivalent to 10% of the total amount of the lecture fees of B; and it shall be substituted by the contract amount to be changed to “A” and “B (the Plaintiff; hereinafter the same shall apply)”.
C. On November 28, 2013, E paid KRW 6,126,495 as retirement benefits to the Plaintiff, and filed a report on the closure of the instant private teaching institute on the 30th of the same month. The Defendant transferred the internal facilities, etc. of the instant private teaching institute from E, and operated the instant private teaching institute as it is from December 1, 2013, which is the following day.
On February 13, 2014, the Plaintiff is between the Defendant and the Defendant.