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(영문) 서울중앙지방법원 2015.04.23 2014가합548040

양수금

Text

1. The Defendant: (a) KRW 150,00,000 for the Plaintiff and 5% per annum from July 26, 2014 to April 23, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. A. Around December 2012, the Defendant, who was operating the English kindergarten called “C” in the light name, proposed that the Plaintiff operate the English kindergarten as well as D, stating that the Defendant plans to open the said language school as well as D, to operate the English kindergarten.

B. Around February 2013, the Plaintiff and the Plaintiff’s branch, E, F (hereinafter “Plaintiffs”) agreed to operate the English kindergarten business with Defendant and D (hereinafter “Defendants”) and the English kindergarten business. Around February 2013, the Plaintiff agreed that KRW 100,000,000 per KRW 50,000,000 to KRW 80,000 on the part of the Defendant, and the shares of KRW 70% on the part of the Plaintiff and KRW 30% on the part of the Defendant. The actual operation of the language teaching institute is to be conducted by the Defendant and D (hereinafter “Defendant”).

C. Accordingly, the Plaintiff transferred KRW 20 million on January 10, 2013, KRW 80 million on January 28, 2013, KRW 20 million on January 10, 2013, KRW 20 million on January 10, 2013, KRW 30 million on January 22, 2013, and KRW 50 million on January 22, 2013 to D, respectively.

On January 10, 2013, the Defendant entered into a contract with the Plaintiff to acquire the English kindergarten located in G in the name of the Plaintiff and D with the amount of KRW 100 million for premium and KRW 50 million for lease deposit, and the Plaintiff and D have completed the business registration of the instant fishing school as a joint proprietor of the Republic of Korea on February 12, 2013, and opened the “C (dong store)” (hereinafter “instant fishing school”).

E. At the time of taking over the above H English kindergarten, the number of financial resources was about 40 persons. At the time of taking over the above H English kindergarten, more than 20 original students went away before and after the opening of the instant language teaching institute. Accordingly, some of the initial teachers were not paid, and financial difficulties were incurred, such as management expenses and various public charges were delinquent.

F. After that, on March 11, 2013, the Plaintiff and the Defendant drafted a contract for transfer and takeover of the following business (hereinafter “instant contract”).

1. This contract is operated by the Plaintiff and the Plaintiff’s partner (D).