Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

Facts of recognition

1) On May 24, 2016, the Plaintiff is the representative of Defendant B, Defendant C’s representative, and Seongbuk-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”) operated by Defendant C as the president.

2) The term “child-care center in this case” refers to “child-care center in this case”

(1) The agreement to transfer the right to a child care center (hereinafter referred to as “instant agreement”) to acquire all the facilities and the goodwill in the amount of KRW 45 million.

(2) The Plaintiff concluded a lease agreement with G, the owner of the instant apartment, to rent the said apartment (hereinafter “instant lease agreement”) on June 22, 2016, setting the lease term between G and G, the owner of the instant apartment, as the transfer price related to the instant childcare center, as the down payment amount of KRW 10 million, and KRW 45 million, which is the remainder of KRW 35 million on June 30, 2016.

(B) After the Plaintiff’s transfer price payment, the Plaintiff began to operate the Child Care Center (the name of the representative of the Child Care Center of this case was not changed to the Plaintiff and continued to be maintained under Defendant B). The Plaintiff discovered that the competent authority issued a fine for negligence regarding the Child Care Center of this case before entering into the instant transfer contract, and requested Defendant C to nullify the said transfer contract on the ground that the said fine for negligence was imposed.

The promise to pay the above amount (Won 45,000,000) to the Plaintiff by October 31, 2016, of the respective amount of payment (Won 45,000,000).

(A) Defendant C promises to pay the actual owner and the operator of the facility on behalf of Defendant B.