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(영문) 서울중앙지방법원 2015.02.06 2014가합522543
부당이득금
Text

1. The part of the claim for the confirmation of existence of the obligation among the counterclaim of this case shall be dismissed.

2.(a)

The Defendant-Counterclaim Plaintiff B.

Reasons

1. Basic facts

A. After graduating from the medical college in 2003, the Plaintiff, who acquired the qualification of a medical specialist, entered into a contract with the Defendant B with the following terms (hereinafter “instant contract”) on July 17, 2013 as a result of responding to the interview with the job offer advertisements posted on the Internet by Defendant B (i.e., ice type: 11: 9: Saturdays; 10: 5: Saturdays; 10: 5: Saturdays; 10: 5: 30: 30: (a) the job offer advertisements posted on the Internet by the Defendant B after the military doctor’s service.

The Plaintiff deposited KRW 50,000,000 as educational expenses to Defendant B on the same day according to the above contract.

The total term of the education contract: (a) this contract is a condition under which Party B (Plaintiff) provides franchise services from “F Council members” in the DE designated by Party B (Defendant B) and from “H Council members” in G, on July 20, 2013 to July 19, 2018; and (b) Party B provides notification of the method of practice and operation to Party B.

A shall deposit education money to A for the notification of the procedures and methods of operation.

Eul performs the medical treatment and operation permitted by Eul at “F”, “H”, and “H”, both of which are “D”, “B” and “H”, and perform the work in the course of learning.

The above contract terms are confidential to anyone.

There is a penalty of KRW 100,000,000 which discloses the above contract terms to others.

If A unilaterally terminates this contract for the benefit of A without the consent of B, A would be liable for damages of KRW 100,000,000 including educational money to B.

The total term of the exclusive franchise contract: From September 20 to July 19, 2018, 2013 to July 17, 2013

9.To receive education until 19.

For the first 12-month, three hours a week shall be trained by a person who is designated by A or A in accordance with the hours determined by A.

B shall pay A an education contract amounting to KRW 50 million on July 17, 2013, and additionally deposit KRW 30 million on July 16, 2014 and KRW 30 million on January 16, 2015.

The total amount of education contract is KRW 10 million.

Eul's workplace shall be Gap's.

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