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(영문) 인천지방법원 2019.12.03 2018나69038
퇴직적립금 반환청구등
Text

1. The part of the judgment of the court of first instance against the plaintiff falling under the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On September 25, 2017, the Plaintiff acquired the “E Child Care Center” under the Seo-gu Incheon Metropolitan City C Apartment D, which the Defendant operated with the Defendant, at KRW 25,000,000 for the premium, and the down payment of KRW 2,50,000 for the intermediate payment of KRW 5,00,000 for the intermediate payment of KRW 5,50,000 for the intermediate payment of KRW 17,50,000 for the remainder payment of KRW 17,50,000 for October 31, 2017 (hereinafter “instant transfer contract”).

B. The plaintiff and the defendant agreed on the special agreement at the time of entering into the transfer contract of this case.

Details are as follows:

The representative of the defendant, the head of the facility, and the transferor shall be liable to the transferor for the contract.

1. At the time of authorization shall be 19 persons, and when less than 18 persons at the time of authorization for modification, the contract may be invalidated;

2. The number of young children currently is 16 persons, and if the number of young children remains ordinarily 10% on the balance date and is less than 15 persons after the reduction of 10% on the balance date, 50,000 won per young child shall be compensated by the transferor to the transferee.

(The date of the remainder shall not be included in the number of original children as of the date of the remainder, and shall not include the number of original children as of the date of the remainder of the entry; 7. The transferee shall from October 20, 2017 to October 30, 2017.

11. The settlement of basic childcare fees, general childcare fees, admission fees, and other expenses related to the accounting shall be in accordance with the opinion of the Ministry of Health and Welfare, viewing and subscription fees, and the Gu office;

12. Until October, all profits and expenses (such as school teachers' retirement pay and four insurance / salaries / public charges / monthly implementation expenses / exceptional benefits/ government subsidies) are owned by the transferor(s) and are owned by the transferee(s) from November to November.

At present, the original account and the retirement account reserve shall be kept by the transferor.

C. On October 31, 2017, the Plaintiff prepared a certificate of transfer of the right to “E Child Care Center” and the certificate of completion of transfer, and the said certificate of confirmation is the “additionals at the time of preparation of the certificate of completion of transfer”’s retirement allowance settlement (on November 15, 2017).

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