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(영문) 서울고등법원 2015.03.19 2014나37820
손해배상(기) 등
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked.

2. The above-mentioned cancellation part.

Reasons

1. In the instant case where the Plaintiff sought payment of the agreed amount of KRW 263,467,00 and KRW 58,852,466 for the agreed amount of KRW 263,467,00 as the principal lawsuit, and the Defendant seeks payment of KRW 86,00,00 for the agreed amount of damages as the counterclaim, only the part of the claim in the principal lawsuit is accepted, and each of the claims for damages and counterclaim is dismissed. As to the judgment of the first instance court, it is evident that the Defendant only files an appeal against the part against the Defendant in the principal lawsuit, and as such, the part of the claim in the principal lawsuit shall be subject to the judgment of the court, the deliberation and judgment shall be made.

2. Basic facts

A. On October 2010, the Plaintiff and B entered into an agreement with the following terms: (a) the store located in the store in the apartment complex C (hereinafter “instant store”) in Cheongju-si (hereinafter “instant store”); and (b) the store in this case was leased from the new Young-gu Agriculture Development; and (c) the establishment of the instant store to jointly operate the Ro IMS School Private Teaching Institutes (hereinafter “instant private teaching institute”); (d) the first agreement was concluded.

B. After that, on June 3, 2011, the Plaintiff and B entered into an agreement on the transfer of 50% of the Plaintiff’s equity interest in the operation of the instant private teaching institute to B by June 30, 201 (hereinafter “the second agreement”).

The details of the second agreement shall be as follows:

Article 1 (Persons subject to Acquisition) The Plaintiff shall transfer to B 50% of the Plaintiff’s share in the operation of the instant private teaching institute until June 30, 2011.

Article 2 (Conditions Precedent for Acceptance) This Agreement is a condition precedent that the contents of the following subparagraphs are fully performed prior to the acceptance by transfer:

(1) B shall be paid to the Plaintiff until June 30, 201, and KRW 113,467,563 invested by the Plaintiff in relation to the operation of the instant private teaching institute from November 1, 2010 to June 30, 2011.

(2) B shall pay the Plaintiff, by June 30, 201, the lease deposit paid by the Plaintiff for the lease of the building of the instant private teaching institute to the Plaintiff, and KRW 150 million.

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