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(영문) 서울서부지방법원 2018.12.13 2017가단222651
권리금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s cause of the instant claim is as follows.

The Plaintiff entered into a contract with Defendant B and C to pay and take over premium of KRW 85 million through the mediation of Defendant D, who is an employee of Defendant D who conducts consulting business on driving school. Defendant B and C, and the above E, together with the Plaintiff, submitted a false profit structure analysis (Evidence A No. 3) that the monthly profit of the driving school would be at least KRW 13 million, and the Plaintiff acquired a private teaching institute profit at KRW 13 million per month.

In addition, the portion of the expenditure amount of the profit structure analysis is two vehicles. Defendant B and C committed a joint tort under Article 750 of the Civil Act because they committed a tort under Article 750 of the Civil Act because they committed a tort under Article 750 because they committed a tort under the Civil Act, by deceiving the Plaintiff by failing to notify the fact that the Plaintiff was subject to the duty of disclosure under the principle of good faith or by failing to inform the Plaintiff of the fact that the Plaintiff was under the duty of disclosure under the principle of good faith.

However, the Plaintiff’s contract of this case is revoked on the ground of such deception or the Plaintiff’s mistake.

Meanwhile, Defendant D, as the above E’s employer, bears the employer’s responsibility. As such, Defendants are jointly obligated to pay to the Plaintiff KRW 168,914,577 [=85 million for the premium that the Plaintiff paid to the Plaintiff after acquiring the private teaching institute’s license (3.5 million for the fee of KRW 32,035,100 for the fee of KRW 32,035,000 for the fee of KRW 48,739,477 for the employees of the private teaching institute under the building lease agreement of the private teaching institute].

2. Facts of recognition;

A. On February 15, 2017, the Plaintiff entered into the instant contract.

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