A. On June 21, 2017, the Plaintiff entered into a contract with the Defendant on the transfer and acquisition of the facilities and operating rights, etc. of D Private Institutes (hereinafter “D Private Institutes”) located in C in the original city of the Plaintiff from the Defendant to KRW 230,000,000 (hereinafter “instant contract”).

On July 28, 2017, the Plaintiff and the Defendant agreed to reduce the transfer price set forth in the instant contract to KRW 190,000,000.

B. Article 7 of the Additional Contract, which is included in the instant contract, provides that “The Defendant shall not establish and operate the same kind of private teaching institute or teaching school within the original city after the transfer of the instant private teaching institute. In the event of a violation, the Defendant shall compensate for the total amount of the premium and be liable for civil and criminal charges (the time of class between the secondary and high school class classes).”

(hereinafter referred to as “instant contract clause”). C.

The Plaintiff paid all the purchase price under the instant contract to the Defendant from June 2017 to July 2017, and operated the instant private teaching institute from August 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the whole argument of the plaintiff as to the purport of the whole argument, the defendant operated a private teaching institute within the original state in violation of the duty of prohibition of competition as stipulated in the contract clause of this case.

Therefore, the defendant is obligated to pay 190,000,000 won and delay damages, which are equivalent to the transfer price, to the plaintiff as a penalty for penalty for breach of contract.

Judgment

A. First, we examine the meaning of the instant contract provision.

The Plaintiff may give written notice to the transferor or transferee of the instant contract provisions, and if the transferee or transferee fails to perform any of the terms and conditions of this contract, the other party may rescind the contract upon giving written notice to the person who failed to perform the contract.

In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the down payment shall be paid.