beta
(영문) 서울서부지방법원 2016.10.14 2016가단694

보증금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from January 21, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap's statement, around April 20, 201, the plaintiff entered into an advertising agency service contract (hereinafter "the instant service contract") with the defendant with respect to the development project in Jongno-gu Seoul, Seoul, where the defendant was involved as a project executor, that the defendant entrusts the plaintiff with the advertising agency business (hereinafter "the instant service contract"). ② At the request of the non-party C, the representative director of the defendant at the time, the plaintiff paid KRW 50 million to the defendant on the date of entering into the instant service contract (However, the plaintiff seems to have remitted the above money to the bank account in the name of C at the request of the non-party C, which is the representative director of the defendant). ③ The defendant was unable to carry out the above development project, which is the purpose of the instant service contract, and the instant service contract is virtually terminated (or was in a state of impossibility of performance).

According to the above facts, the defendant is obligated to return the above deposit amount of KRW 50 million to the plaintiff according to the termination of the service contract of this case, and to pay damages for delay calculated at the rate of 15% per annum from January 21, 2016 to the day of complete payment, as requested by the plaintiff, from January 21, 2016 to the day of complete payment of the copy of the complaint of this case.

Therefore, we decide to accept the Plaintiff’s claim of this case, and decide as per Disposition.