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1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from March 4, 2016 to September 27, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant operated D Child Care Centers, a private child care center under the Infant Care Act, in the Nam-gu Incheon Metropolitan City, and entered into a contract with the Plaintiff on November 16, 2013, under which all of the legal relationships, including the Plaintiff and the facilities of the said child care center, will be transferred to the Plaintiff KRW 1150 million (hereinafter “instant prior contract”). The Defendant, for the next two years, stipulated a special agreement stating that “the Defendant is unable to operate all nursery facilities, similar kindergarten inducement institutes, etc. within the Nam-gu Incheon Metropolitan City E and F, and is unable to serve as teachers (excluding any exception), and shall compensate twice the above amount at the time of the violation (hereinafter “instant special agreement”).
B. Meanwhile, G operated an I Child Care Center, a private child care center under the Infant Care Act (hereinafter “instant child care center”), located in the Nam-gu Incheon Metropolitan City H apartment management Dong, and the Defendant entered into a contract on July 20, 2015, under which G and the instant child care center’s facilities, etc. are wholly transferred from G to KRW 200 million (hereinafter “instant post-contract”). On the other hand, G concluded a contract on July 20, 2015, the Defendant agreed to pay KRW 90 million in the intermediate payment, KRW 90 million in the event of the contract, and KRW 90 million in the remainder, KRW 90 million in the remainder, September 30, 2015, respectively.
After September 30, 2015, the Defendant changed the payment date of remainder into October 30, 2015 under an agreement with G.
C. On September 21, 2015, the guardians of the instant child-care center students agreed on the change of the child-care center to G from September 21, 2015, and accordingly, the Defendant leased the child-care center at which the instant child-care center is located from the H apartment council of occupants’ representatives on October 20, 2015 to December 31, 2016.
On December 18, 2015, the defendant obtained authorization to change the representative of the child-care center in this case from the head of the Incheon Southern-dong, and the representative of the child-care center in this case was changed from G to the defendant.