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(영문) 서울고등법원 2018.09.12 2017나2020409 (1)

정산금청구

Text

1. The part of the judgment of the court of first instance against the plaintiff J Co., Ltd. shall be revoked.

Reasons

1. The reasoning for the court’s explanation in this part is as stated in the reasoning for the judgment of the court of first instance, except in the case where the “instant transfer contract” was inserted into “(hereinafter “instant contract”) on the 3rd part of the judgment of the court of first instance (hereinafter “instant transfer contract”), and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. The summary of the plaintiffs' assertion 1) After receiving the corrective order of this case, the defendant decided to close the school of this case, and received the right to operate the school of this case from the plaintiffs, but thereafter, the defendant agreed to later settle and pay the operating expenses of the school of this case from September 2013 to the closure of the school. Accordingly, since the plaintiffs operated the school of this case from September 2013 to the closure of the school, the defendant is obligated to pay 210 million won as part of the operating expenses of the school of this case paid by the plaintiffs from June 2013 pursuant to the above cost settlement agreement or Article 688 (1) of the Civil Act, as part of the operating expenses of the school of this case paid by the plaintiffs from June 2013 to the closure of the school of this case.

B. According to each of the statements in Gap evidence 3, 4, and Eul evidence 11-1-1, a resolution of the board of directors was made to the effect that "the defendant and the defendant's birth H, etc. attend the board of directors of the school of this case held on July 30, 2013 after the corrective order of this case was issued, and "the financial status of the school of this case shall begin the procedure for the closure of the school of this case, and the financial status of the school of this case shall be maintained over a period of time in consideration of debt disposal and subsequent expenses." The defendant shall be the plaintiff company on August 20, 2013.