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(영문) 수원지방법원 2015.07.21 2014가단64727
양수금
Text

1. The Defendant’s KRW 19,950,029 for the Plaintiff and 5% per annum from September 23, 2014 to July 21, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a person who has operated C&A, and the defendant is a person who has operated D.

B. (1) On April 11, 2014, the Plaintiff entered into a contract with the Defendant to transfer or take over all the proceeds related to the operation of a private teaching institute, such as the Plaintiff’s school’s resources (one full 34 p.m., 22 p.m., 34 p., after school programs), teachers, cooks, and branch-in vehicles (hereinafter “instant transfer contract”). At the time of the said transfer contract, the Defendant agreed to transfer the Plaintiff the right to KRW 5 million out of the said transfer price to the effect that the contract was concluded, the first intermediate payment of KRW 5 million until May 30, 2014, and the second intermediate payment of KRW 10 million until June 30, 2014, and the remainder of KRW 5 million until July 30, 2014, and the Plaintiff agreed to transfer the Plaintiff’s right to teach and operate on April 21, 2014.

(2) At the time of the instant transfer contract, the Plaintiff is running the Defendant’s D transfer business by no later than seven days prior to the payment of the remainder, and the Defendant is working as the manager of the Defendant’s driving school after the aforementioned transfer classes, and the Plaintiff’s status as the president of the Defendant’s driving school until February 2, 2015. The Plaintiff’s salary was determined as KRW 3 million per month from May 2014, from June 2014 to August 2014, and KRW 4 million per month from September 2014.

C. From May 1, 2014 to July 26, 2014, the Plaintiff worked as the president of the Defendant’s driving school. The Defendant did not pay the Plaintiff wages during the said working period. The Defendant paid only KRW 10 million out of the instant transfer proceeds, and did not pay the remainder of KRW 15 million.

Grounds for recognition: Facts without dispute, A1, and the whole purport of the pleading.

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder of the transfer price of this case KRW 15 million and the Plaintiff’s salary of KRW 7,516,129 from May 1, 2014 to July 26, 2014 (= KRW 2,516,129 (= KRW 3 million + KRW 3 million + KRW 3,516,129 + KRW 22,516,129).

However, in full view of the statement of No. 9 and the whole purport of the pleading, the Plaintiff transferred the Plaintiff’s educational institute to the Defendant.

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