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(영문) 서울북부지방법원 2016.08.18 2015가합27228
위약금
Text

1. By December 29, 2034, the defendant is a private teaching institute, a teaching school, etc. related to veterinary medicine within a range of 5 km from Seoul C.

Reasons

1. Basic facts

A. From 2004, the Defendant entered into a contract with the Oral Points Co., Ltd., which manages the Oral Private Teaching Institutes, which are educational franchise institutes (hereinafter “Co., Ltd.”), and operated E stores on the 3rd floor of the D Building located in Seoul (hereinafter “instant Private Teaching Institutes”).

B. On December 10, 2014, the Defendant decided to transfer to the Plaintiff all facilities and goodwill (including the right to originals and franchises of the instant private teaching institute) of the instant private teaching institute to KRW 80,000,000 for premiums.

(hereinafter “instant contract”). At the time of the instant contract, the Plaintiff and the Defendant agreed that “The transferor shall not operate the same kind of private teaching institute or teaching school within 5 km (F) after the transfer of the instant private teaching institute (hereinafter “instant agreement”) and compensate the assignee twice the premium already paid for the violation of this agreement (hereinafter “instant agreement for penalty”).”

The Plaintiff shall pay the Defendant KRW 10,000,000 on the date of conclusion of the instant contract, and KRW 70,000,000 on December 30, 2014, respectively, and continues to conduct business after taking over the instant private teaching institute on December 30, 2014.

C. Since then, the Defendant leased approximately approximately 2.4km from the instant private teaching institute, approximately 2.4km Seoul I, 421 Dong 501, and used teaching materials and teaching tools exclusively supplied only to wholesalers at the city headquarters from March 2015 to December 2015, and used them for private extracurricular lessons.

(hereinafter referred to as “Defendant’s teaching activity”). 【No dispute exists, the entry in Gap’s evidence Nos. 1, 2, 4 through 14, 16 through 18, 20, 23, and Eul’s evidence Nos. 14 and 19 (including each number), and the result of the court’s inquiry into the Seoul Special Metropolitan City Jlong Education Health and 14 and 19, the court’s order to submit each financial transaction information to the KEB Bank, the National Bank, and the New Bank, as a result of the order to submit the entire pleadings.

2. The defendant.

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