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(영문) 수원지방법원성남지원 2015.01.06 2014가단13142
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 and the annual rate of KRW 5% from May 8, 2014 to January 6, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 1, 2013, the Plaintiff acquired the “D Child Care Center” (hereinafter “D Child Care Center”) operated by the Defendant in Gwangju-si, Gwangju-si, 101 Dong 101, from KRW 55 million.

(hereinafter “instant contract”). The instant contract contains the following special terms and conditions:

1. The number of current authorizations shall be 20 and 19 full-time teachers.

By January 1, 198, the mutual recognition of 18-20 persons as of January 1, and one million won per original student when escaping from the scope shall be offset by one million won.

A contract may be invalidated or adjusted only by a transferee when less than 15 persons have decreased from the original contractor of the contract standard.

15. The transferor shall not operate all nursery facilities, kindergartens, or similar inducement departments within 3km (except for E-Childcare Centers) in the radius of the second half of the year, and shall also work as a teacher.

In the event of a breach, compensation shall be made.

5,00,000 won per original student shall be compensated for when moving the original student to another source regardless of the distance.

(No exception is made to the registration of the transfer to the free will of the original parents of child care centers. (b)

The defendant is operating a child-care center E in the vicinity of the child-care center.

However, after the plaintiff taken over D's child care center, the total of four children, including F, G, H, I, etc. (hereinafter "child of this case") who were born in D's child care center, they were transferred to E's child care center operated by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. In accordance with the proviso of Article 15 of the Contract Clause of this case (hereinafter “instant provision”), the Defendant is obligated to pay to the Plaintiff KRW 20 million as damages or agreed amount (5 million per 1 original son registered before E Child Care Center x 4) and damages for delay.

B. According to the facts of recognition under the above Paragraph 1 above, the defendant is subject to the registration of the original child of the D Child Care Center as the child care center of the defendant.

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