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(영문) 인천지방법원부천지원 2016.05.20 2015가단116508
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. From March 2011, Defendant B had been operating a private teaching institute (hereinafter “the instant private teaching institute”) in Seocheon-gu, Seocheon-gu, Busan and 501, Defendant C was an English instructor of the instant private teaching institute, and the Plaintiff was a person who acquired and operated the instant private teaching institute from Defendant B as follows:

Article 6 (Prohibition of Business Based on Same Type of Business) After transferring this Private Teaching Institute, the seller shall choose not to operate the Private Teaching Institute and a teaching school related to the Private Teaching Institutes on the basis of relative relatives, etc., or not to operate the Private Teaching Institute and an instructor of the neighboring Private Teaching Institutes.

If the transferor fails to comply with the prohibition of business, the transferor shall pay 30,000,000 won as penalty to the transferee.

In addition, the transferor shall not provide the instructors and employees after the transfer within one year.

No. 8 (Matters to be notified) In relation to this contract, the transferor has received and confirmed the overall operational status, location status, number of school students, etc. of the private teaching institutes under the contract on the particulars of premium until the conclusion of this contract, and the transferor has transferred the overall matters of the private teaching institutes to the seller or the consultant until July 31, 2014, and has paid KRW 10,000,000 to all responsibility for damages and penalty in the event of the violation.

(3) At the time of concluding a contract, the transferor shall transfer all facilities and equipment within the private teaching institute as of the outstanding payment date to the transferee so that the transferee can operate the business immediately. 6) The scope of the number of persons present shall be the original student who is present at the meeting, including free school students and private teaching institute students who do not attend for at least one week, and the confirmation period shall be five days after the payment of the balance or the intermediate payment.

8) At the time of a contract for the transfer of rights, 80 original students (in 20 separate roads, 30 additional roads, and the number of contract parties increased or decreased during the remainder 【 eight persons.

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