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(영문) 서울서부지방법원 2015.07.21 2015가단2747

보증금반환

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,000,000 and KRW 6,000 among them, from April 22, 2011, and KRW 15,000.

Reasons

1. Basic facts

A. On April 16, 201, when the Plaintiff entered into a sales business consignment agreement (hereinafter “instant contract”) with Defendant B, the Plaintiff determined the deposit amount of KRW 100,000,000 ( KRW 10,000,000 when the first open store list was notified, the number of the stores starting the business of KRW 40,000,000 until the said number of the stores was 20, the total amount of KRW 50,000,00). Defendant C guaranteed the Defendant B’s obligation under the instant contract. The specific details are as follows.

Article 1 (Purpose) The purpose of this Agreement is to provide for all matters necessary for the entrustment of E sales business under the contract between the Plaintiff and one other (hereinafter referred to as “the entrusted business”) by Defendant B.

Article 2 (Deposit) (1) Defendant B shall entrust the entrusted business of this case to the home fluor store in the Seoul Metropolitan Area and one other.

Article 5 (Interior Facility) (1) Defendant B shall install, at the expense of E or Defendant B, the interior and equipment of the main store necessary for the entrusted business of the Plaintiff and one other, provide it to the Plaintiff and one other, and shall be paid after preferentially deducting fees for 36 months.

Article 7 (Entrustment Remuneration) (1) Defendant B shall pay 18.5% of the sales from the entrusted business to the Plaintiff and one other according to the method designated by the Plaintiff and one other.

Article 8 (Business Guarantee Money) (1) For the purpose of this entrusted business, Defendant B shall receive a certain amount of business guarantee money from the Plaintiff and one other.

Article 13 (Succession to Rights and Obligations) All rights and obligations under this Agreement shall also be succeeded to the merger, business transfer, business delegation, etc. of the defendant B or the plaintiff et al. and one other, and the defendant B or the plaintiff et al. and one other shall be bound to consent to the succession to the rights and obligations under this Agreement.

B. The Plaintiff is the same as KRW 10,000,000, around April 16, 201, to Defendant B as a security deposit.