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1. The Defendant: 38,116,290 won to the Plaintiff, and 5% per annum from March 15, 2017 to July 17, 2018, and the next day.
Reasons
1. Facts of recognition;
A. On September 24, 2010, the Plaintiff’s child care center and fish driving school operating Plaintiff completed the registration of transfer of ownership on the ground of sale on August 25, 2010, (140 million won) with the Changwon District Court’s grace office (No. 41656, Sept. 24, 2010), with respect to the Plaintiff’s 102 of the building C (hereinafter “instant real estate”).
From October 20, 2010, the Plaintiff has operated a family childcare center (19 persons) prescribed in Article 10 subparagraph 5 of the Infant Care Act in the name of "D Child Care Center (hereinafter referred to as the "Child Care Center of this case")" in the real estate of this case.
From March 2, 2011 to May 12, 2014, the Plaintiff registered East E as a child care teacher of the instant child care center.
On March 5, 2013, the Plaintiff: (a) accepted the “Gish Research Institute” located in the “Gish Research Institute; (b) operated the instant fish Research Institute with the Plaintiff’s mother as the president; and (c) registered Dong Jae as a teacher from March 5, 2013 to April 8, 2014.
From March 2013, the defendant has been working as infant care teacher in the child care center of this case.
B. On February 2, 2014, the Defendant entered into a contract with the Plaintiff to acquire the instant childcare center amounting to KRW 240 million (hereinafter “instant contract”).
On March 2014, the Defendant acquired the instant fish driving school from the Plaintiff for KRW 80,00 from the Plaintiff.
C. On January 21, 2014, the Plaintiff received a civil petition for operating the instant childcare center as a school bus at the instant childcare center on January 21, 2014, such as filing a civil petition against the instant childcare center. On February 12, 2014, the instant childcare center issued a corrective order against the Plaintiff.
In addition, on March 10, 2014 from parents of child-care centers of this case, the Ministry of Health and Welfare received a report on the title “insurance, cash receipts related to insurance, and the president’s concurrent office as a teacher of an English private teaching institute” from the Ministry of Health and Welfare
On April 7, 2014, the head of the Dong-gu Office of Education, E, a child care teacher of the child care center in this case.