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(영문) 대구지방법원 2018.07.12 2017가단103068
잔금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 140,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 1, 2017 to February 9, 2017.

Reasons

1. Facts of recognition;

A. On January 5, 2017, the Plaintiff entered into a contract on the transfer of the right between the Defendant and the Plaintiff (hereinafter “instant private teaching institute”) to transfer the entire business, including the originals and facilities of the English kindergarten (hereinafter “private teaching institute”) to the Defendant for KRW 170,000,000, in the name of “D,” under the name of “D,” the fifth floor part of the building in the Seogu-gu (hereinafter “instant building”).

B. According to the transfer contract and the additional contract made by the Plaintiff and the Defendant at the time of the conclusion of the instant transfer contract, KRW 170,000,000 of the transfer price and KRW 13,000 of the intermediate payment and KRW 13,000 of the intermediate payment and KRW 140,000,000, which are the contract date, are paid on January 5, 2017, and the balance is paid on January 20, 2017. The transferor shall deliver the instant private teaching institute to the transferee by the day before the commencement of the lease contract, and shall deliver all facilities and business rights to the transferee, including all facilities and business rights, so that the transferee may operate the business immediately upon receipt of the balance, and this part shall be corrected from 51 to 50, and this part shall be corrected from 50, and there shall be no increase or decrease in the number of persons per each person exceeding 10,000,000.

(hereinafter the above part of the agreement on the number of originals is referred to as "the originals of this case").

In accordance with the instant contract for the transfer of business, the Defendant entered into a real estate lease agreement on January 16, 2017, with the content that the Defendant, the owner of the instant building, transferred the right to lease on the fifth floor of the instant building to the Plaintiff E from E to January 17, 2019, to lease the fifth floor of the instant building from E (60,000,000 won from January 17, 2017 to January 17, 2019, and the monthly rent of KRW 2,30,000 (Additional Tax).

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