logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.09.02 2016나3554
권리금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 22, 2015, the Defendant: (a) operated a private teaching institute (hereinafter “instant private teaching institute”); (b) concluded a contract between the Plaintiff and the Plaintiff on May 22, 2015, on the acquisition of the right to the private teaching institute (hereinafter “instant acquisition agreement”) with respect to the instant private teaching institute (hereinafter “instant acquisition agreement”); and (c) the main contents thereof are as follows.

Article 1(1) of the Agreement on Acquisition of the Rights of Private Teaching Institutes (Purpose) The Defendant and the transferee of the rights of private teaching institutes enter into a contract for acquisition of the rights of private teaching institutes as follows by agreement.

Total amount: 9,00,000 won - The scope of guarantee of transfer - Private Teaching Institutes, facilities and equipment - All teaching materials (a separate list of names and tuition fees) - Original (franchising rights - All of the books and documents of private teaching institutes - The transferor shall deliver all the facilities, equipment, business rights, etc. to the transferee at the same time as the transferee of the above private teaching institute can exercise his/her right, and deliver all the facilities, equipment, business rights, etc. to the transferee at the same time as the transferee of the above private teaching institute can conduct the business immediately.

(9) Related persons, including transferor and spouse, are unable to operate a private teaching institute for two years within the territory of the European Government, and are not allowed to display the existing instructors and staff of the private teaching institute of this case.

In the event of the violation, the transferee may ask the transferor for civil or criminal liability.

B. The Plaintiff paid KRW 9,000,000 to the Defendant in accordance with the instant acquisition agreement.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the Plaintiff’s assertion acquisition agreement of this case, related persons, including the Defendant and the spouse, cannot operate a private teaching institute for two years after the conclusion of the above contract within the jurisdiction of the Government, the instructors employed by the Defendant and worked at the private teaching institute of this case are the above private teaching institute.

arrow