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(영문) 서울고등법원 2018.04.18 2017나2018130
대여금
Text

1. Of the judgment of the first instance, the part concerning the Defendant (Counterclaim Plaintiff) is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is the first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance, which is to be presented by this court, is that part of the reasons of the judgment of the court of first instance, including the judgment on the party's allegations and evidence submitted at the court of first instance, is the same as that of the relevant part of the reasons of the judgment of the court of first instance, except for the judgment on dismissal or addition as set forth in paragraphs 2 and 3 below. Thus,

2. Parts to be dried;

A. 3-B of the reasoning of the judgment of the first instance.

1) On December 20, 2012, the Plaintiff agreed to the instant lease agreement with the Defendant and the Co-Defendant B (hereinafter “Defendant”) of the first instance trial on December 20, 2012, and agreed to entrust the G Language Research Institute operated by the Defendants with after-school and English classes up to the end of the instant lease agreement.

However, the plaintiff did not entrust the defendants with after-school and English classes after the opening of the J kindergarten. The plaintiff is responsible for compensating the defendants for damages caused by the failure to comply with the above agreement.

D. The Defendants’ losses from Luxembourg and the following: at least 3,921 personnel from March 2014 to February 2, 2016 were subject to after-school and English classes; the monthly tuition fees per person of the G Language Institute are KRW 180,00 (= KRW 3,921 x 180,000), calculated by dividing the remainder, other than the fixed expenses irrelevant to the increase of the original children, among the necessary expenses required for the operation of the G Foreign Language Institute and MM, by the total of KRW 44,880,581 [the sum of all the necessary expenses calculated by dividing the amount, other than the increase of the original children, among the necessary expenses required for the operation of the G Foreign Language Institute and MM, KRW 44,80,581 [the sum of necessary expenses per English class 19,194,267 won per person after-school classes 19,267 won), 3,294,2984].

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