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(영문) 서울중앙지방법원 2017.06.16 2016가단112677

편취금반환

Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a cooperative established for the purpose of the after-school project, the care classroom project, etc. and authorized by the Ministry of Education. H is the actual operator of the Defendant, and I was engaged in business such as attracting the Defendant’s wide-area office and the head of the branch office.

B. The Plaintiffs entered into a contract with the Defendant for the operation of the branch office or metropolitan office with respect to the entrusted project, such as after-school classes, care classes, events, etc. of the competent elementary school, as indicated below, and paid the Defendant the money as specified below.

On April 24, 2015, Plaintiff A paid for the district under the jurisdiction of the type of contract (hereinafter referred to as “Plaintiff A”) on April 24, 2015, KRW 5 million in Gwangju Special Metropolitan City for the operation of a branch office, KRW 20 million in North East East-dong, Dong-dong, Seoul on April 6, 2015, Plaintiff C on May 18, 2015, KRW 3 million in the operating agreement of the branch offices on May 16, 2015, KRW 6 million in the middle-dong, Dong-dong, Dong-dong, Seoul on July 16, 2015, Plaintiff D, KRW 30 million in the Incheon Metropolitan Office Operation Convention on July 16, 2015, KRW 30 million in the number of Dong-dong, Plaintiff E on October 7, 2015, KRW 20 million in the operation agreement on June 29, 2015 (hereinafter the same).

2. Judgment on the plaintiffs' primary claims

A. The Plaintiffs primarily sold the Defendant’s exclusive right to operate after-school projects to the Plaintiffs, and upon paying the purchase price, the Plaintiffs registered as the Defendant’s regional branch offices and granted the exclusive right to operate the after-school project to the pertinent local elementary school. As seen earlier, the Plaintiffs paid the purchase price for the after-school projects to the Defendant, but in fact, paid the purchase price for the after-school projects to the Defendant.