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(영문) 대구지방법원서부지원 2020.05.14 2018가단61465
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 5, 2017, D entered into a contract on the transfer of rights between the Plaintiff and the Plaintiff (hereinafter “instant contract”) with the content that D would transfer all of the business, including the original students and facilities of the instant driving school, to the Plaintiff KRW 170,000,000, when it was operating the English kindergarten (hereinafter “instant driving school”) under the name of “F,” under the name of “F,” the fifth floor of the building in the Seodaemun-gu, Seogu (hereinafter “instant building”).

On January 5, 2017, the Plaintiff paid the down payment of KRW 17,000,000 and the intermediate payment of KRW 13,000,000 to D, and the remainder of KRW 140,000,000 was paid on January 20, 2017.

B. At the time of the conclusion of the instant contract, the “Additional Contract for Transfer and Acquisition of Right to Private Teaching Institutes/Training Schools” (Evidence A 3-2) prepared by the Plaintiff and the Defendant refers to the following:

The number of students until January 20, 2017, based on 50 persons (51 persons at the time of preparation of the contract, but later changed to 50 persons) under Article 1 of the Additional Agreement on the Transfer and Acquisition of the Right to a Private Teaching Institutes or Teaching Schools, shall not raise an objection among them, and the excess number of students shall be guaranteed 1,60,000 won per person.

In the event that the number of persons exceeds the number of persons, this contract may be terminated upon the judgment of the assignee.

In such cases, the transferor shall immediately refund the down payment and intermediate payment received.

Article 6 (Transfer) The transferor at the time of transfer shall cooperate with the transferee as much as possible so that it can be confirmed as original.

In addition, all facilities, fixtures, etc. should be the same as that agreed in advance.

The period of transfer shall be from January 16, 2017 to January 20, 2017.

C. On January 16, 2017, the Plaintiff: (a) transferred the existing lease right to the fifth floor of the instant building to G, the owner of the instant building on January 16, 2017 pursuant to the instant contract; (b) and (c) the Plaintiff transferred the said fifth floor as it is, the deposit amount of KRW 60,000,000; and (c) the period from January 17, 2017 to January 17, 2019; and (d) the monthly rent of KRW 2,30,000.

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