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(영문) 서울북부지방법원 2020.09.15 2020나30345
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts of recognition may be recognized by integrating the purpose of the entire pleadings in each entry in Gap evidence of Nos. 1 to 11 and Eul evidence of No. 1 (including branch numbers).

On September 18, 2018, the Plaintiff (the assignee) entered into a contract for the transfer of rights with C (the husband of the Defendant) on behalf of the Defendant (the transferor) (hereinafter “instant contract for the transfer of a private teaching institute”). In this context, the Plaintiff paid the Defendant the down payment of KRW 11 million.

The display amount of the right (including facility costs) to indicate the subject matter in Dongdaemun-gu Seoul Metropolitan Government, D, E, 103.505m2,000,000 won

f. The transferor shall pay the remainder of KRW 10 million (including the agreed terms and conditions of the contract for the transfer of the right (including the cost of the facility), the down payment of KRW 11 million (including the agreed terms and conditions of the contract), the intermediate payment of KRW 44 million (payment on October 1, 2018) and the intermediate payment of KRW 5 million (payment on October 1, 2018), until the transferee of the contract under Article 4 pays the transferor an intermediate payment (payment on October 5, 2018) to the transferor, and the transferee may cancel this contract only if he/she gives up the down payment.

(In the event that the payment of the balance is not made, the intermediate payment shall also be waived by the transferee). In the event that the sale or lease of the invalidated commercial building or shop is cancelled, this contract shall become null and void.

Article 6 (Non-performance of Obligations) (1) If a transferor or transferee has any default under this contract, the other party may notify in writing the person who has defaulted of the performance and rescind the contract.

(2) Where a contract is rescinded, the transferor and the transferee may claim damages from the other party, respectively.

B. Meanwhile, on September 18, 2018, September 18, 2018, the date when the contract for the transfer of the instant private teaching institute was concluded between the Plaintiff and the Defendant, a special agreement was concluded on the transfer of the right to the F Music Institutes’

(hereinafter referred to as the “instant special agreement”).

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