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(영문) 수원지방법원안산지원 2015.10.08 2015가합20688
영업금지 등 청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, in the course of operating the F Childcare Center under the conditions of authorization with a capacity of 16, the number of 105 Dong 101, which is owned by the Defendant, set up a F Childcare Center in lots to operate a large scale of childcare centers.

B. On January 23, 2014, the Plaintiff acquired the said F Child Care Center in KRW 40,000,000, which was operated by the Defendant between the Defendant and the Defendant (hereinafter “instant contract”) and the down payment KRW 4,000,000 on the date of the contract, the intermediate payment of KRW 10,000,000 on April 30, 2014, and the remainder of KRW 26,00,000 on June 13, 2014, the Plaintiff agreed to pay each of the said money to the Defendant.

The terms and conditions of the instant contract for the transfer of rights are as follows:

1.The present number of authorization shall be 16 persons and the present number of raw resources shall be 16 persons.

As a result, from 13 to 16 persons are expected to change from the basis of the original student for six months, they shall be recognized each other and shall be offset by 500,000 won per original student when they escape the scope.

2. All profits, such as cost, outstanding amount, and government subsidies up to six months, are owned by the transferor, and are owned by the transferee from the cost of July and the performance cost.

13. The transferor shall bear the retirement allowance for teachers and the fourth insurance until six months, and the transferor shall settle the accounts of the retirement allowance up to six months.

From July months to July, the transferee shall be borne by the transferee.

15. The transferor shall not operate all nursery facilities, and private teaching institutes similar to kindergartens, etc. within the radius of 300 meters in the radius of the day of the next two years, and shall not work as teachers.

shall compensate twice the amount of transfer of rights at the time of breach of contract.

1,000,000 won per original birth shall be compensated for every 300m outside of the 300m long.

The plaintiff leased the above apartment 105 dong 101, the above apartment owned by the defendant and operated the F Child Care Center from July 1, 2014 until now.

C. Meanwhile, on the other hand, the Defendant, on February 8, 2014, opened a childcare center on August 12, 2014 on the condition that “G childcare center was acquired” and “E-care center was opened on August 12, 2014 in the said apartment.”

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