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Reasons
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(영문) 춘천지방법원원주지원 2020.06.24 2019가단51972
권리금반환
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1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 26, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On February 21, 2017, the Plaintiff and the Defendant purchased at KRW 1,980,000,000,000,000,000,000 in total, and KRW 1,80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000

A) A contract for the transfer of a right to acquire KRW 120 million in total of the operating rights was concluded (hereinafter collectively referred to as “instant childcare center acquisition contract”).

(2) The Plaintiff and the Defendant agreed, at the time of the instant child-care center acquisition agreement, that the Plaintiff and the Defendant repaid the Defendant’s loan obligation of KRW 2.6 billion, which is the secured debt of the right to collateral security of the maximum debt amount of KRW 2.6 billion, which is the remainder on December 20, 2017, and that the Defendant shall pay the Defendant the interest accrued until the remainder of each month, and the Plaintiff shall pay KRW 7 million to the Defendant as of the end of each month. The transferee of the instant child-care center’s operation from March 27, 2017 to March 31 of the same month. The Plaintiff agreed that all profits and expenses incurred in the operation of the child-care center of the instant case (such as teachers’ retirement pay and four major insurances, public imposts, salaries, monthly expenses, amount of outstanding payments, information subsidies, etc.) shall be reverted to the Defendant for up to three months and the Plaintiff for

3. The Plaintiff and the Defendant, around April 6, 2017, shall maintain the name of the representative of the Child Care Center in the name of the Defendant from April 1, 2017 to December 20, 2017, and thereafter until the actual representative is changed. However, the right to operate and manage the Child Care Center in this case from April 1, 2017 to the Plaintiff.

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