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(영문) 대전지방법원 2019.08.20 2019나102596
손해배상(기)
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

Door-to-door sales, etc. of learning places, such as Do Private Teaching Institutes E;

A. On July 2, 2012, the Defendant operated a business by opening the following trade names from Seo-gu, Seo-gu, Daejeon and the first and second floors (hereinafter “instant commercial buildings”).

In particular, the Defendant registered “D Private Teaching Institutes” in accordance with Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons on July 4, 2012.

Real estate rights (facilities) acquisition or transfer contracts;

1. Location of indication of real estate: Business category D: approximately 230 square meters in size;

2. Total premium in the terms and conditions of a contract: The remainder of KRW 10 million: 3 million (in April 6, 2018, the entire special terms and conditions of the contract for the lease: 1) The transferor shall cooperate to the maximum extent possible so that the transferor may control the deposit amount of KRW 10 million for the lease contract. 2) The transferee shall cooperate so that the transferee may move the article to the office of the first floor on April 2 and 3.

B. On March 30, 2018, the Plaintiff entered into a contract with the Defendant for the acquisition or transfer of real estate rights (facilities) with the following content (hereinafter “instant contract”), and accordingly, paid the Defendant premium in full.

C. Around April 2018, the Plaintiff completed the registration for modification of the founder and manager of a private teaching institute on the following grounds: (a) the Plaintiff received the “D Teaching Institute” from the Defendant and changed the operator; and (b) the Plaintiff is operating the private teaching institute under the trade name “F” in the instant commercial building from that time to that

Meanwhile, pursuant to the instant contract, the Defendant transferred the private teaching institute facilities, etc. of the instant commercial building to the Plaintiff, and runs the business of “E” on the Seo-gu G and the second floor, Seo-gu, Daejeon.

[Ground of recognition] A without dispute, Gap 1, 6, 7, 19 evidence, Eul 1, 3, and 11 evidence, and the gist of the plaintiff's argument as to the purport of the whole pleadings, the defendant has a duty to compensate the plaintiff for damages equivalent to KRW 10 million and interest accrued therefrom.

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