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(영문) 서울서부지방법원 2019.02.20 2018가단213487
손해배상(기)
Text

1. The Defendant’s KRW 14,853,380 for the Plaintiff and KRW 5% per annum from April 26, 2018 to February 20, 2019.

Reasons

1. Basic facts

A. On November 27, 2014, the Plaintiff: (a) agreed to lease deposit KRW 20,000,000; (b) monthly rent KRW 1,80,000; and (c) from January 1, 2015 to December 31, 2015, the Plaintiff leased the instant office (hereinafter “the instant lease agreement”); and (d) on March 20, 2015, the instant office was located at the place of business as the location of the business.

(hereinafter referred to as “instant education center”). (b)

On April 7, 2015, the office of this case was registered under the name of F, a non-party foundation (hereinafter “non-party foundation”). On December 2015, the Plaintiff renewed the lease contract of this case with the above network D, which was the real representative of the non-party foundation, and the Plaintiff renewed the lease contract of this case.

C. On January 29, 2016, the Plaintiff entered into a contract with the Defendant to transfer all the operation of the instant education center to the Defendant (hereinafter “instant operating contract”). The Defendant paid KRW 20,000,000 to the Plaintiff two times on March 1, 2016, and was responsible for monthly rent from February 1, 2016, and agreed to prepare and set up the instant lease contract in the form of a replacement.

On March 2, 2016, the Defendant entered into a contract for the loan of use (hereinafter “instant loan of use”) with the term from February 1, 2016 to January 31, 2017 with respect to the instant office (hereinafter “instant loan of use”). Accordingly, the Defendant agreed to impose the said deposit of lease, public charges and monthly taxes on the instant office.

E. On March 3, 2016, the Defendant paid KRW 10,000,00 to the Plaintiff out of the above lease deposit, and commenced the instant office’s business of operating the instant education center, received education expenses, etc. from the students and conducted education, and practical business.

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