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(영문) 서울중앙지방법원 2016.08.12 2015가합519575

약정금

Text

1. The Defendants jointly and severally agreed to the Plaintiff Company A, KRW 500,000,00, and KRW 200,000 to the Plaintiff Educational Foundation B.

Reasons

1. Facts of recognition;

A. Status of the parties, etc. 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

(2) The Defendant School Foundation C (hereinafter “Defendant Corporation”) is a school foundation that has established and operates C for the purpose of higher education.

Defendant D served as the president from March 2009 to January 2013.

3) School Foundation E (the name was changed to School Foundation F as seen below).

“E” regardless of whether it is before or after the amendment;

G (F) The purpose of the cyber university was to establish and manage the cyber university, and the name was changed to F as seen below.

(b) The establishment and management of a school juristic person is a school juristic person. (b) The Defendant juristic person preparing a MOU is a school juristic person that has established and operates the E in order to acquire the right of operation of E around June 201, the MOU (Evidence A6; hereinafter “instant MOU”).

Around that time, a survey was conducted for the acquisition of operating rights.

The main contents of the MOU of this case are as follows.

This Understanding has the intention to acquire the G operational authority currently operated by the defendant corporation and E on June 201 by a bilateral agreement, and agree to proceed as follows:

1. During the due diligence period, E agrees to cooperate to the maximum extent reasonable with respect to the progress of the due diligence related to the review of the acquisition of the operating authority of the Defendant Corporation.

3. The validity of this letter of understanding of termination shall accrue from the date on which both parties have signed this letter of understanding, and shall end on August 31, 201, unless the defendant corporation and E agree otherwise in writing.

provided that this MOU shall not apply

4. A confidentiality shall maintain its legal effect even after the termination.

4. A confidentiality defendant corporation and E shall be a defendant corporation with respect to the progress of the review of this case and the acquisition and review of this case, except with prior written consent between them or enforced under the laws and regulations.