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Reasons
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(영문) 서울중앙지방법원 2017.12.08 2016가합570959
경업금지 등
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1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from July 2, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into a contract for acquisition of a private teaching institute (1) around 2011, the Defendant is the Franchising Music Institute (hereinafter “instant private teaching institute”) located on the second floor of the building in Gwanak-gu in Seoul Special Metropolitan City.

(2) On August 3, 2015, the Plaintiff entered into a contract with the Defendant to acquire KRW 37,000,000 from the instant private teaching institute (hereinafter “instant contract”).

1. The instant contract is the Plaintiff’s provisional contract between the transferor and the Defendant.

2. Current number of persons shall run 80;

3. 악기수 통기타 5대 일렉 3대 베이스 2대 피아노 업라이트 7대 디지털 2대 마스터 건반 1대 컴퓨터 1대 드럼(센트) 2대 기타 앰프 1대, 베이스 엠프 1대 삼손 엠프 1대, 똘똘이 스피커 9대

4. The Plaintiff shall pay 10% of the premium to the assignee’s Defendant on August 3, 2015, in advance of KRW 37,000,000,000.

5. Under the mutual agreement of 10% from the number of persons: 【Recognizing them.

6. The acquisition and transfer period;

8.24.24.0

9.1. up to 9.

7. To deposit 50% of the intermediate payment on August 24, 2015.

(16. (3) On August 3, 2015, the Plaintiff paid the Defendant the down payment of KRW 4,200,000, KRW 16,400,000 for intermediate payment on August 24, 2015, and KRW 16,400,00 for the remainder of August 30, 2015. On September 7, 2015, the founder of the instant private teaching institute changed the name from the Defendant to the Plaintiff, and the Plaintiff changed the name of the private teaching institute. (b) On August 13, 2015, the Plaintiff operated the instant private teaching institute. On September 13, 2015, the Defendant leased the two floors of the instant private teaching institute on the ground of Seoul Special Metropolitan City, which was located at least 500 meters away from the instant private teaching institute, registered as a new music institute under the jurisdiction of the Office of Education on September 15, 2015 (hereinafter “the title of the instant private teaching institute”).

A. The operation was conducted.

C. On October 29, 2015, the Plaintiff filed an application for provisional injunction with the Defendant at the instant new private teaching institute.

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