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Reasons
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(영문) 부산지방법원 2016.11.17 2015가단219395
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant operated a child-care center in the name of “F Child-care Center” (hereinafter “instant child-care center”) in the name of “F Child-Care Center” (hereinafter “F Child-Care Center”) and “G Child-Care Center in the vicinity of the instant child-care center” (hereinafter “F Child-Care Center”).

B. On January 20, 2015, in order to take over the instant childcare center, the Plaintiff purchased from C the said E Apartment No. 103 Dong No. 105 as the purchase price of KRW 260 million, and completed the registration of ownership transfer concerning the said apartment on January 29, 2015.

C. On January 20, 2015, the Plaintiff and the Defendant concluded a contract for the transfer of equipment and facilities (hereinafter “instant contract”) with respect to the instant childcare center as follows.

The seller: The sale price of the goods of the plaintiff: the F Child Care Center: 39,000,000 won (the price includes non-goods, facilities, and originals), the down payment of KRW 4,00,000,000,000, which is paid at the time of the contract, shall be determined by taking over all the facilities including all the facilities to prevent the exercise of the right of lease, and at the time of the buyer’s immediate receipt of any balance, the seller paid on January 30, 2015, shall take over the remainder of KRW 35,00,000, which is paid at the time of the contract

Matters of special agreement

1. The number of 18 persons shall be the succession key;

Permit Rights and Raw Organisms

2. The equipment of facilities and equipment shall be succeeded as they are, and the seller shall be liable for the loss or disappearance of the equipment.

3. The seller shall be responsible for the change of the representative.

No child shall be a child in the G Child Care Center.

On January 28, 2015, the Defendant sold G Child Care Center at KRW 180,000,000 including the equipment, facilities, and originals of G Child Care Center to H.

E. On February 28, 2015, 10 of the 18 children of the instant childcare center were discharged from the instant childcare center, and transferred to the G childcare center on March 2, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 10, 11, and Eul evidence No. 1, and this Court's ideology to Busan.

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