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(영문) 서울남부지방법원 2019.02.15 2017가단238688
부당이득금
Text

1. The Plaintiff:

A. Defendant B’s KRW 32,00,000 and for this, KRW 5% per annum from August 29, 2017 to February 15, 2019.

Reasons

1. Basic facts

A. Defendant B is a person who operates the Art Institute (hereinafter “instant Art Institute”) under the trade name of “FF Art Institute” in Gangseo-gu Seoul Metropolitan Government D Building E (hereinafter “instant building”), and Defendant C is the male partner of Defendant B, and is the owner of the instant building.

The Plaintiff is a person who intended to take over the instant Institute of Art in the course of operating the Institute of Art Research under the trade name of “H Art Institute” in the foregoing D Building G.

B. On July 5, 2017, the Plaintiff entered into a comprehensive transfer and acquisition agreement (hereinafter “instant transfer and acquisition agreement”) that takes over the rights and obligations of the instant Art Research Institute from Defendant B with KRW 37,000,000, and entered into a lease agreement that leases the instant building from Defendant C with KRW 40,000,000, monthly rent, and KRW 2,700,000 (hereinafter “instant lease agreement”).

Article 2 (Comprehensive Transfer of Business) A (A and Defendant B) shall comprehensively transfer the total amount of current appraised assets and liabilities to B (B and the Plaintiff), and B shall comprehensively take over them.

However, all taxes and public charges (national taxes, local taxes, other public charges, etc.) incurred prior to the date of business transfer shall be responsible for A.

Article 3 (Detailed Details) The evaluation of the value of assets transferred or acquired shall be the evaluation amount agreed upon between the parties concerned.

(1) The portion of the original registration by July 14, 2017 shall be collected by Gap, and thereafter, Eul shall assume responsibility for the refund of the existing original students, the issuance of documents, etc.

(2) B shall take over a contract of full-time lecturer I and J as a full-time lecturer in service, and B shall take over a contract of employment with the competent office of education, and B shall take responsibility for the report of instructors of the competent office of education

(B) Article 4(3), Section 8/3, 8/4), Section 4 (Payment of Transfer or Acquisition by Transfer) shall be paid to A in 37,000,000 won (37,00,000) on the basis of the amount assessed by Article 3.

B before the balance is paid, if A demands the cancellation of a contract, then B.

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