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(영문) 대구지방법원 2019.09.26 2018나311904
잔금
Text

1. Of the judgment of the court of first instance, the amount that orders payment from the following point of view to the counterclaim is equivalent to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 5, 2017, while the Plaintiff was operating a English kindergarten (hereinafter “instant private teaching institute”) in the name of “D,” the fifth floor of the fifth floor of the building in Daegu-gu (hereinafter “instant building”) in the name of “D, the Plaintiff entered into a contract on the transfer of the right between the Defendant and the Plaintiff to transfer the entire business of the instant private teaching institute’s students and facilities to the Defendant at KRW 170,000,000 (hereinafter “instant transfer contract”).

On January 5, 2017, the Defendant paid down payment of KRW 17,000,000 and intermediate payment of KRW 13,000,000 to the Plaintiff, and paid the remainder of KRW 140,000,000 to the Plaintiff on January 20, 2017.

B. At the time of the conclusion of the instant transfer contract, the transfer contract and the additional contract prepared by the Plaintiff and the Defendant are indicated as follows:

Article 1 of the Additional Contract for Transfer of the Right to Private Teaching Institutes or Teaching Schools [Article 1] of the Additional Contract for Transfer of the Right to a Private Teaching Institutes or Teaching Schools [Article 1] No later than January 20, 2017 was 51 persons at the time of the preparation of the 50 contract, but the revised number of persons

The number of persons whose number is not more than three shall not be affected by each other, and the increase or decrease of the number of persons in excess shall be guaranteed to 1,60,000 won per person.

In the event that the number of persons exceeds the number of persons, this contract may be terminated upon the judgment of the assignee.

In such cases, the transferor shall immediately refund the down payment and intermediate payment received.

(hereinafter the above part of the agreement on the number of originals is referred to as "the originals clause of this case"). Article 6 [Transfer] The transferor shall cooperate to the transferee so that originals can be confirmed.

In addition, all facilities, fixtures, etc. should be the same as that agreed in advance.

The period of transfer shall be from January 16, 2017 to January 20, 2017.

C. On January 16, 2017, the Defendant, pursuant to the instant contract for the transfer of business, as well as the Plaintiff’s right to lease on the fifth floor of the instant building against E, which is the owner of the instant building.

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