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(영문) 서울남부지방법원 2019.11.01 2018나3163
정산금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (former Mutual Company D) is a company that provides online educational information and provides database services related to education, and sells educational content.

B. On July 17, 2012, the Defendant concluded a contract with an agent (hereinafter “instant agency contract”) with the content that the Defendant would sell the program provided by the Plaintiff in Guro-gu Seoul Special Metropolitan City (hereinafter “instant agency”) (hereinafter “instant agency contract”).

The main contents of the above agency contract are as follows:

-The independent branch contract (agency) contract - The plaintiff and the defendant wishing to operate the independent branch of local government (agency) with the plaintiff and the independent branch of local government shall conclude an independent branch of local government (agency) contract concerning the membership inducement service as follows:

Article 1 [Approval] ① The Plaintiff approved the Defendant to use the trade name and D brand name used by the Plaintiff, and the Defendant also accepted it.

2. The plaintiff provides only educational programs to the defendant, and the defendant is responsible for all members (members management, cancellation of order, refund, and other) after the expiration of the contract period of independent local government (agency) or within six months from the closing point.

Provided, That the deposit rate of the head office shall be the one responsible for the head office.

(3) The defendant shall act on behalf of the plaintiff for the attraction of members and the management of members.

④ The Plaintiff approves the sale of educational program products provided by the Plaintiff to the Defendant.

Article 3 [Period of Contract] ① Contract period shall be two years from the date of conclusion of the contract.

2. At the expiration of the term of this contract, it is automatically extended unless the defendant's signature or oral termination is requested.

C. On December 31, 2014, the Plaintiff and the Defendant terminated the instant agency contract and decided to directly operate the instant agency, and the Defendant joined the Plaintiff company from January 1, 2015 to become a member of the Plaintiff company.

Labor expenses paid by the Plaintiff to the employees of the instant agency by December 31, 2014, in total, 28.

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