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(영문) 광주지방법원 2016.02.17 2015나51889 (1)
보증금반환
Text

1.The following amounts, among the parts against the principal suit of the judgment of the court of first instance, exceed the amount ordered to be paid:

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or a whole of the arguments in Gap evidence Nos. 1, 12, 15, and 23.

1) On April 30, 2012, the Plaintiff entered into the instant contract with the 2nd E (hereinafter “instant private teaching institute”).

(2) On December 7, 2012, C transferred part of the lecture room to the Defendant the instant private teaching institute on the following day: (a) a deposit amount of KRW 3,00,000; (b) a monthly rent of KRW 700,000; and (c) a period of lease from May 1, 2012 to April 30, 2014; and (c) a student was demoted from the said private teaching institute.

On the same day, the plaintiff and the defendant concluded the contract under the above Paragraph 1 and the contract under the same conditions as deposit, rent, and lease term (hereinafter "the contract of this case").

3) Of the instant contracts, the content pertaining to the instant case is as follows.

Article 5. The Plaintiff’s illegal business during the contract period of the instant case

civil and criminal liability and monetary loss are also liable.

Article 6 As of the date of delivery of the instant driving school, the burden of revenue and public charges incurred by the instant driving school on the basis of the date of transfer shall belong to the defendant until the date of transfer, and the subsequent burden shall belong to the

In the event of transfer to a third party or defendant due to the plaintiff's reasons under Article 8 (3), rights to students shall not be recognized.

In addition, it shall not be assigned as a new driving school opening officer or instructor within 1 km from the half of the driving school for one year after transfer.

When doing so, the defendant shall be liable for damage to the defendant.

B. Of the Plaintiff’s students in the method of settlement, some of the Plaintiff’s students paid tuition fees directly to the Plaintiff in cash or wired them to the passbook, and the remainder was paid by using the Defendant’s card terminal.

The Defendant shall pay from the tuition fees of December 2012 to October 2013, 201, the monthly rent of KRW 700,000 and KRW 50,000 under the name of electric charges, etc. of the Plaintiff students.

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