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(영문) 부산지방법원 동부지원 2017.04.26 2016가단211691
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 371,620 to the Plaintiff (Counterclaim Defendant) and its related amount from September 7, 2016 to April 26, 2017.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On February 2, 2001, the Defendant opened C Child Care Center on the 1 and 2nd floor of the 2nd floor listed in the attached list, and reported it to the head of Seo-gu Busan Metropolitan City, which was operated. On November 11, 2010, the name of C Child Care Center (hereinafter “instant Child Care Center”) was changed to D Child Care Center, and on November 15, 2012, the name of the head of C Child Care Center (the head of the facility) was changed to the Defendant.

B. On May 6, 2013, the Plaintiff entered into a sales contract with the Defendant on each real estate (hereinafter “each of the instant real estate”), including the building on which the instant child-care center is established and the relevant site thereof, and the sales price under the sales contract is KRW 535 million, and the lower part of the contract is added to the “special agreement: (a) the contract shall be repreparation at the time of registration (the non-goods and goodwill amounting to KRW 85 million).”

C. On June 27, 2013, the Defendant received any balance from the Plaintiff and completed the registration of ownership transfer with respect to each of the instant real estate.

On July 11, 2013, the Defendant changed the name of the head of the child care center of this case to the Plaintiff, and received a certificate of authorization for the child care center from the head of Busan Seo-gu, and on July 12, 2013 following the date, prepared a written agreement on the authorization for the Plaintiff and the child care center of this case and the change of the name of the representative as follows:

Written Consent of Agreement

1. The defendant's custody of the certificate of authorization for the representative of the child-care center of this case, and the defendant must actively cooperate with the plaintiff when the competent Gu office, etc. requires authorization.

2. The period of extension, construction, etc. of a child-care center at issue shall be completed by August 30, 2013;

3. The time of change of the representative of the child-care center at issue shall be until September 13, 2013;

Provided, That if this time elapses, the plaintiff shall be liable for all damages.

In addition, the preparation of all documents when the representative is changed is responsible for the plaintiff.

4. From July 1, 2013, the operation of the above child care center was the Plaintiff, and the name of the representative was the Defendant.

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