약정금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 74,00,000 and its payment from July 21, 2015.
The summary of the case is the case where the plaintiffs seek against the defendant for the payment of the agreed amount or penalty upon the breach of the agreement to terminate the business, and the defendant seeks the payment of the unpaid amount against the plaintiffs (Counterclaim).
Facts
1. On October 31, 2014, the contract for the instant art institute by the Defendant and the Plaintiffs is terminated.
2. Since then, all rights of the instant art institute shall be owned by the Plaintiffs, and the Defendant shall waive all rights.
3. As to the Defendant’s share resulting therefrom, the amount of KRW 00 million shall be determined, including the rental deposit and premium.
4. The Plaintiffs ought to pay KRW 10 billion on October 31, 2014, KRW 30 billion on November 30, 2014, KRW 10 million on December 31, 2014, KRW 10 million on December 31, 2014, and KRW 10 million on May 30, 2015.
5. From October 31, 2014, the Defendant is prohibited from using all the rights (including all the data including the entirety of the names, successful applicants’ lists, financial resources, all of the students and instructors, and records of financial resources) of the instant Art Institute.
6. When they are on way, they shall immediately return KRW 30 million, excluding KRW 00,000,000,000,000,000 for rental deposit, and the civil and criminal liability pertaining thereto shall be the defendant.
In October 31, 2014, the Plaintiffs and the Defendant, from around 2005, jointly operated D, E, and F (hereinafter “instant Art Research Institute”), drafted a confirmation contract for termination of the following contents as the Defendant decided to withdraw from the partnership relationship:
According to the above contract, the Plaintiffs paid the Defendant KRW 350 million in total, which is KRW 350 million on October 31, 2014, KRW 100 million on November 30, 2014, KRW 100 million on December 31, 2014, and KRW 150 million on December 31, 2014.
The defendant, after opening the "I" in the vicinity of D (Seoul Gangnam-gu) and opening the business, read as "208-2014 Seoul, the people's team, the women's team, the consideration team, the 252 successful students", and "the newization in 2002, which passed by 23 of 55 successful students at the time of admission in Seoul, has yet to be transferred to a private teaching institute."