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1. The Defendant: (a) KRW 87,00,000 for the Plaintiff and KRW 5% per annum from October 31, 201 to May 12, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff around February 16, 2010 and the same year
2. Around 20, around 20, the Defendant entered into a contract with the “D Childcare Center” (hereinafter “instant transfer contract”) of acquiring each facility and operating right of the “F Childcare Center” (including KRW 20,000,000, facility costs and premium KRW 80,000) and KRW 170,000,000 (lease deposit KRW 20,000,000, facility costs and premium KRW 150,000,00) from the Defendant, which was awarded a successful bid at around that time, and paid the Defendant KRW 270,00,000,000 (including the part offseted by the Plaintiff’s existing claim against the Defendant).
B. The Plaintiff and his wife G operated the above two childcare centers from April 201 to March 201. Article 10 [Attachment 2] of the former Enforcement Rule of the Infant Care Act (amended by Ordinance of the Ministry of Health and Welfare No. 92, Dec. 8, 2011) of the Enforcement Rule of the Infant Care Act (amended by Ordinance of the Ministry of Health and Welfare No. 92, Dec. 8, 201)
Paragraph (1) provides that "the head of a nursery facility shall be the former and shall not concurrently hold the office of other facilities." D Child Care Centers shall be the head of H H facilities and received monthly wage, and F Child Care Centers shall be operated in the form of bringing direct profits to G facilities. However, the name of the representative of the above two Child Care Centers was not changed to the name of the plaintiff, and the defendant was remaining.
C. On March 29, 2011, the Plaintiff: (a) drafted a contract to transfer F Child Care Centers amounting to KRW 160,000,000 for facility costs and premiums; (b) concluded a contract to transfer the above two child care centers to the Defendant on April 2011; and (c) delegated the Defendant to conclude a contract to transfer the said two child care centers to another person at the end of the consultation with the Defendant.
Accordingly, on April 5, 201, the defendant transferred to I the above two child care centers total of KRW 210,000,000 (D child care centers 90,000,000, and F child care centers 120,000,000).