(영문) 부산지방법원 동부지원 2018.10.11 2017가단215140

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(영문) 부산지방법원 동부지원 2018.10.11 2017가단215140

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 2015, the Defendant entered into a contract with Nonparty C to take over KRW 50 million of the childcare center in Busan-gun, Busan-gun (hereinafter “instant childcare center”).

B. On January 20, 2016, the Defendant, who decided to transfer the instant childcare center from C, agreed to transfer the instant childcare center authorization for KRW 50 million to the Plaintiff (hereinafter “instant contract”), and requested the Plaintiff to cooperate by changing the name of the Plaintiff, etc.

C. The main contents of the instant childcare center license acquisition agreement between the Plaintiff and the Defendant are as follows.

- Amount of KRW 30 million for down payment: (a) the remainder of KRW 22,00 on January 22, 2016; and (b) the payment of KRW 20 million at the same time as the representative of the child-care center is completed;

1. The purchaser shall change the name of the child-care center, the change of the name of the child-care center, the change of the president, and the change of the representative;

2. The change of address shall be completed on February 29, 2016;

(3) The change of representative shall be completed before March 31, 2016.

8. In addition, a change of representative shall be terminated by March 20, 2016 under the responsibility of the purchaser.

11. The seller maintains the right to authorize a child-care center until February 29, 2016 to be valid and cooperate at the time of authorization for modification.

12. The seller shall not refund the full contract deposit when he/she has neglected to implement the project and when he/she has abolished the contract deposit (where he/she does not move his/her address) due to the failure of the purchaser to implement the project or the failure of the purchaser to perform at least 2/3

14. The guarantor F shall be responsible for the completion of construction of the building, change of the name of the child care center, transfer of the authorized domicile, and increase in the prescribed number of personnel.

The F shall be fully responsible for the completion of the building, the transfer of the authorized residence, the change of the name, and the increase in the number of personnel when the problem arises, and the buyer A shall be compensated for the damage of the down payment.

15.A guarantor F.

유사 판례

-창원지방법원 2017.02.16 2016가합50290

-서울고등법원 2018.08.30 2018나2011136

-부산지방법원 2021.04.22 2020나47359

-인천지방법원 2020.11.26 2019가단206741

-부산고등법원(창원) 2017.09.28 2017나20787