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(영문) 창원지방법원 2017.06.14 2016나58809
추심금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 7, 2011, the Defendant entered into a contract with D Co., Ltd. (hereinafter “instant company”) with the following terms and conditions (hereinafter “instant contract”) and operated the Esan Gifted Education Center (hereinafter “instant contract”).

1) The Defendant is granted a license from the instant company to operate play education services, trade name, trademark, etc., and thereby establishes and operates Masan Gifted Education Center F, a branch of the instant company, in Changwon-gu, Changwon-gu. 2) The Defendant paid to the instant company KRW 15 million to the instant company on October 17, 201 (including membership fees paid when concluding a contract or re-contract), on condition that the following re-contract is determined on October 7, 201, and KRW 700,000 per month for management and operation fees (the price for the use and operation support of the instant company’s trade name, trademark, etc.) shall be paid to the instant company on October 7, 2014.

B. On December 24, 2012, the Plaintiffs issued a provisional seizure order with respect to the claim amounting to KRW 8,067,035 (hereinafter “instant provisional seizure order”) of the Incheon District Court Branch Branch Decision 2012Kahap1040, the claim amount for the establishment and operation expenses, management and operation fee claims against the Defendant by the instant company. The said order was served on the Defendant on January 2, 2013.

C. On June 30, 2015, the Plaintiffs received the order of seizure and collection (hereinafter “instant order of seizure”) from the Seoul High Court (Seoul High Court Decision 2013Na80216, 2013Na80223 regarding the instant company as Seoul High Court Decision 2013Na80216, 2013Na80223 on June 30, 2015, for KRW 201,553,10 of the claimed amount among the establishment and operation expenses of the instant company, management and operation fees claims against the Defendant, etc., and issued the order of seizure and collection (hereinafter “instant order of seizure”). The said order was served on the Defendant on July 3, 2015, and became final and conclusive at that time.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .

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