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(영문) 서울동부지방법원 2016.10.21 2016나3272
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant is the birth of the deceased B (hereinafter “the deceased”).

The plaintiff is a company that runs the management of a private teaching institute and the wholesale and retail of teaching materials.

B. On December 29, 2003, the Deceased’s Institute was registered as “D” in Daegu-gu, Daegu-gu (hereinafter “D”) and operated a public announcement institute around that time.

(hereinafter referred to as the “F”) of the foregoing Institute of Public Announcement operated by the Deceased.

On November 5, 2007, the Defendant and the deceased’s private teaching institute operated a legal teaching institute as the name “D” (business registration number I) from Daegu Northern-gu G (e.g., H) and the name “D” (business registration number I) from that time.

(B) The Defendant and the Deceased closed their J around April 6, 2009.

On June 23, 2010, the Deceased’s Written Confirmation of the Deceased prepared a plan for confirmation and reimbursement of the outstanding amount of teaching materials with the purport that the Plaintiff is the F’s obligation to pay the outstanding amount of teaching materials in 2009 and 2010, and that the amount would be refunded.

On June 23, 2010, the Deceased prepared a plan to confirm the outstanding amount of teaching materials and to refund the outstanding amount to the Plaintiff in 2009, by confirming that the obligation to pay the outstanding amount of teaching materials was KRW 10,917,400.

The Deceased signed the “person in charge of operating a de facto private teaching institute” and signed the Defendant’s name in the “representative on the business registration certificate”.

E. On October 8, 2012, the remitter transferred KRW 319,500 to the Plaintiff on October 8, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 9, Eul evidence Nos. 2, 4 and 5 (Additional Numbers omitted), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 by the parties had been asserted by the Defendant, from November 2007 to April 2009, received teaching materials from Grandmo Co., Ltd., and the outstanding amount arising from the transaction was KRW 10,917,400.

Co., Ltd.

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