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(영문) 전주지방법원군산지원 2017.11.17 2016가합10713
영업금지 등 청구의 소
Text

1. The defendant is an English private teaching institute in the name of the defendant or a third party in the following cities and neighboring Sis/Guns by February 28, 2023.

Reasons

1. Basic facts

A. On April 21, 2012, the Defendant entered into a contract with the Plaintiff regarding the operation of the instant driving school (hereinafter “instant contract”) with the English Private Teaching Institutes (hereinafter “D”).

Article 1 (Purpose of Contract) The Defendant shall transfer the instant private teaching institute, which is currently in operation, to the Plaintiff, including the facilities of the private teaching institute and the registered private teaching institute students.

Article 2 (Transfer Amount) The Plaintiff shall pay to the Defendant KRW 150 million in return for transfer, but the amount of KRW 15 million in the down payment shall be paid on the date of this contract, the intermediate payment of KRW 30 million in the intermediate payment of KRW 30 million on August 30, 2012, and the remainder of KRW 15 million shall be paid on February 28, 2013.

Article 3 (Deposit for Lease of Building) (1) The Plaintiff shall pay the Defendant a deposit for lease of a private teaching institute building KRW 20 million separately.

② At the same time, the Defendant received the deposit under paragraph (1), and issued the original of the lease contract between the Defendant and the building owner of the private teaching institute to the Plaintiff, and immediately notify the building owner of the fact that he/she transferred the claim

Article 4 (Subject to Assignment) The Defendant shall transfer to the Plaintiff all of the collection equipment, interior equipment, and registered school students at the same time with the remainder of the principal proposal.

Provided, That in the case of E (the husband's name of the defendant) the book shall be excluded from transfer.

Article 5 (Mutual Use, etc.) (1) The Plaintiff may use the name “D”.

(2) The Plaintiff shall cease to use his/her trade name when any act or event that causes depreciation in value occurs while in use of his/her trade name.

Provided, That this shall not apply to cases that occur without the plaintiff's intention or negligence.

③ Where the Defendant establishes franchises under the name of “D”, the Plaintiff may choose whether to continue to use the name of the above private teaching institute.

If the plaintiff wishes to continue to use, he/she shall pay a certain franchise cost.

Article 6 (Other Items) Defendant.

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