(영문) 울산지방법원 2018.07.11 2017나2496 | 리걸엔진

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(영문) 울산지방법원 2018.07.11 2017나2496

약정금 등

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

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

A. On May 10, 2016, the Plaintiff entered into a contract with the Defendant to sell the instant private teaching institute (hereinafter “instant contract”) on the sixth floor of Ulsan-gun, Ulsan-gun, the pertinent private teaching institute (hereinafter “D”). The key contents are as follows.

A contract of a driving school

1. The premium shall be KRW 45,000 ( KRW 45,000), and the total purchase price shall be KRW 30,000 ( KRW 75,00,000), including the deposit money for the lease of a building, which is KRW 30,000 ( KRW 30,000).

This includes the right to kindergarten students (year 4-7), the right to use “E” and “F”, the 6th floor of this building and rooftop facilities, the right to all of the teaching materials and teaching aids, the whole of the current operation status, and one 15 passenger cars owned by the Plaintiff.

2. The contract deposit (10,000,000 won) which is part of the sale amount shall be paid at the same time as the contract is concluded.

The ten million won (30,000,000 won) which is the deposit money for the lease (30,000,000 won) shall be paid until August 31, 2016.

At the same time as the remainder payment is made, the transfer and acquisition of the Plaintiff and the Defendant is completed, and the Plaintiff shall settle all costs incurred prior to the date of the remainder payment and enter the date of August. 2016. The Plaintiff shall pay the remainder to the Plaintiff by the payment date of the remainder if the expected profit is less than three-five million won (35,000,000 won) under mutual agreement with the Defendant, and the Defendant shall pay the remainder to the Plaintiff on August 31, 2016 (the date of the transfer of this contract shall be the first day after mutual agreement, and the first day after the transfer date shall be the right to operate a private teaching institute if the remainder payment is completed on March 3, 2016.

The plaintiff shall pay in advance all the expenses related to the private teaching institute.

유사 판례

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