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Reasons
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(영문) 대전지방법원 천안지원 2017.04.20 2015가단103810
정산금 등
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1. The Defendant’s KRW 8,663,280 for the Plaintiff and 5% per annum from September 2, 2014 to April 20, 2017.

Reasons

1. Basic facts

A. While the Plaintiff was operating D Child Care Center in Dong-gu, Dong-gu, Seoul (hereinafter “instant Child Care Center”), on January 7, 2014, concluded a child care center takeover agreement between the Defendant and the Defendant to transfer the said child care center business to the Defendant (hereinafter “instant acquisition agreement”), the Plaintiff agreed to pay the Plaintiff the remainder of KRW 900 million, excluding the down payment amount of KRW 50 million and KRW 3.2 billion of bank loans, by the end of February 2, 2015, KRW 150 million of the first intermediate payment, KRW 150 million of the second intermediate payment, and KRW 150 million by the end of February 2016, KRW 300,000,000,000 to the end of February 5, 2018, KRW 1500,000,000,000 to the end of the second intermediate payment, and the Defendant directly paid the remainder of KRW 3.5 billion by the end of February 2, 20015.

B. From January 2014, the Defendant had operated the instant childcare center from around January 2014 under the instant transfer agreement, the Plaintiff and the Defendant, upon rescinding the instant transfer agreement on August 27, 2014, drafted the following agreements (hereinafter “instant agreement”).

A: E (B) B: The two persons referred to above A shall terminate the sales contract on January 7, 2014 on the following terms:

A. L. L. L.I.

1. Cases of a sales contract for a D child care center;

2. An agreement of KRW 560 million following the termination of a contract shall be reached and paid on August 27, 2014.

3. Accordingly, the accounts payable shall be fully paid after settling accounts for the operation as of August 31.

The execution at the settlement of accounts shall be completed on August 27, 2014.

4. Expenses for the settlement of accounts payable shall be expenses for teaching materials, expenses for teaching materials, expenses for instructors, expenses for food materials, public charges, and personnel expenses;

5. The retirement reserve shall be paid up to eight months; and

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