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(영문) 청주지방법원제천지원 2016.11.02 2016가단1270
매매대금 반환
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 is the representative director of C Co., Ltd. (hereinafter “the Human Resources Development Institute of this case”).

The Human Resources Development Institute of this case is operating a language institute, registered as a media organization that publishes Internet newspapers by meeting the qualifications under the Act on the Process of Newspapers, Etc., and reported and operated “E”, which is a lifelong educational establishment affiliated with the press, on October 2, 2014, on the second and second floors.

In order to operate a lifelong educational establishment affiliated with the press, at least five professionals (referring to human resources exclusively in charge of the operation of the lifelong educational program) must be secured (Article 37(2) of the Lifelong Education Act and Article 66(1) of the Enforcement Decree of the same Act). The Defendant reported and operated the establishment of the lifelong educational institute of this case by stating five employees of the Human Resources Development Institute as human resources of the lifelong educational institute of this case.

B. On November 7, 2015, the Plaintiff purchased the instant lifelong education center’s goodwill, etc. from the Defendant in KRW 15,000,000 (hereinafter “instant sales contract”). The key contents of the said contract are as follows.

In the case of the contract for the purchase and sale of the right of lifelong education institute, the ownership of the type of the second floor real estate, the deposit amount of 20,000,000, and the rent amount of 440,000 won per month;

1. Indication of the lifelong education center;

2. 15,00,000 Won 1,500,000 on the total amount of the agreed premium shall be paid at the time of the contract.

The remainder 13,500,000 won shall be paid by November 13, 2015.

§ 1. For all of the above goodwills, transfer to:

Article 2. The succession or renewal of the existing lease agreement to the transferee shall be cooperate in accordance with the commercial practices of the transferor and transferee.

Article 3 When the transferor deposits the balance, the transferor shall complete the administrative procedures related to the sale of lifelong education sources as soon as possible.

Article 4. The transferor and transferee are the total amount of premiums on the basis of the following:

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