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(영문) 수원지방법원 2015.12.08 2015가단21635
손해배상
Text

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, around October 21, 2013, transferred the instant private teaching institute to the Plaintiff KRW 18 million for premium payments (hereinafter “instant transfer contract”), while mainly operating D Art Research Institutes (hereinafter “the instant private teaching institute”) for elementary school students under the instant transfer contract (hereinafter “instant transfer contract”), and the main contents of the said transfer contract are as follows.

The transferor and transferee in the process of transferring a driving school shall make best efforts to prevent instructors, employees, and original ties.

At present, there are 44 originals and 10% increase or decrease in the contract number on the balance date ( November 30, 2013). The trade name is recognized and 300,000 won per additional students will be increased or decreased from the premium.

The transferor shall prohibit the establishment, operation, teaching activities, and similar activities of the same type of business within 3 km from the radius of the private teaching institute of this case, and shall compensate for the corresponding amount of damages where the operation of the private teaching institute

(hereinafter “this case’s competition prohibition agreement”). B.

On November 29, 2013, the Plaintiff concluded a lease agreement between E and E, setting the lease deposit of KRW 30 million for the instant private teaching institute building, KRW 1 million for monthly rent (excluding value-added tax), and the lease period from November 30, 2013 to November 30, 2015.

C. From December 9, 2013, the Plaintiff operated the instant private teaching institute and operated the instant private teaching institute by changing its trade name to “F” in December 2, 2013, and F was the primary activity of FF’s franchise store business place, which mainly led to the implementation of each stage of program to enable creative expressions for children of 5 to 10 years of age.

(1) Around July 2013, the G principal association established an I Library (hereinafter “instant library”) using a cafeteria cafeteria that is not used on ordinary day on the fifth floor of the H building in the G principal district of the G principal district of Gangseo-si. The said library is accessible to anyone who is allowed to use and peruse the library, and can be loaned if a member is admitted, and the library is used from 1 p.m. to 5 p.m. from 200 p.m. to 5 p.m.

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