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(영문) 대구지방법원 2017.06.21 2016나307017
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendants are married couple.

B. On March 7, 2012, the Plaintiff and the Selected C entered into a partnership agreement with respect to the E-Childcare centers located in Ma in Ma in Sung-si, and the main contents thereof are as follows.

1. The representative of a child-care center shall be A;

2. A shall have all financial responsibility entering a child-care center;

(All items, such as office fixtures and indoor teaching materials, teaching equipment, and facility costs, etc. required for the child care center; 3. Do (Appointed C) shall be fully responsible for the permission and operation of the child care center.

(All Services Related to the Employment of Teachers, etc.). 4. Ha shall distribute profits to Gap and Eul to 50:50 from the month it receives no monthly salary.

7. For vehicles: A shall operate 20 vehicles and a multi-face A shall provide the vehicle with the number of 20 vehicles.

(Provided, That all expenses shall be borne by the expenses of the child care center); 8. The part of the person who was fit for the operation of the child care center shall be covered by B.

(Provided, That all parts of the enemy shall be appropriated to B at the time of conversion into black. c).

On September 7, 2012, the Plaintiff and C agreed to terminate the above partnership agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 13, the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion 1) The Defendants interfered with the operation of a child care center after the withdrawal from a contract for the club, thereby causing damages equivalent to KRW 9,500,00 due to the Plaintiff’s sales of the child care center to another person at salt. 2) The Defendants filed a false accusation against the Plaintiff’s operation status of the child care center at the Sungsung Branch, the East Kammpi, and the Masung Police Station, etc. for three months, and the Plaintiff suffered damages equivalent to KRW 4,500,000 (= monthly rent 1,500,000 x 3 months).

3. The Defendants, around September 19, 2012, agreed to give up all the rights to childcare centers to the Plaintiff and not to cause various civil petitions or problems, and to compensate the Plaintiff for KRW 24,00,000 when they violated the above provisions.

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