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(영문) 서울중앙지방법원 2014.07.10 2013가합24714

손해배상(기) 등

Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s KRW 263,467,00 and its amount from April 9, 2013 to July 10, 2014.

Reasons

1. Basic facts

A. On October 2010, the Plaintiff and B entered into an agreement with the following terms: (a) the store located in the apartment complex C (hereinafter “instant store”) in Cheongju-si, Cheongju-si (hereinafter “instant store”); and (b) the store in the instant store to lease it from the new Young-si Development, and jointly operate the Ro IMS School Private Teaching Institute (hereinafter “instant private teaching institute”) at the instant store (hereinafter “instant first agreement”).

B. 1) On June 3, 2011, the Plaintiff and B agreed to transfer 50% of the Plaintiff’s share on the operation of the instant private teaching institute under the instant First Agreement to B by June 30, 2011 (hereinafter “instant Second Agreement”).

(1) The Plaintiff entered into the instant secondary agreement. The details of the instant secondary agreement are as follows. Pursuant to Article 1(1) of the instant agreement, the Plaintiff transfers 50 million won of the Plaintiff’s share in the operation of the instant private teaching institute to B until June 30, 2011. Article 2 (Conditions Precedent for Acquisition) of the instant agreement provides that the following are fully performed prior to the transfer. (1) B provides that the Plaintiff shall pay 113,467,563 won (in relation to the operation of the instant private teaching institute by November 1, 201 through June 30, 201) to the Plaintiff by 10,000 won and 15,000 won (in the event of acquisition, 10,000 won) paid by the Plaintiff for the lease of the building of the instant private teaching institute by 10,000 won until June 30, 2011, the Plaintiff shall be paid to the Plaintiff the amount of 16,011.