보관금반환 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. The Plaintiff is a person engaged in real estate creation business under the trade name of “D,” and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation whose purpose is construction business, and Defendant C is the representative director of the Defendant Company.
B. On December 2014, the Plaintiff purchased the instant real estate 17.781 square meter (hereinafter “instant real estate”), and requested the Defendant company to perform civil engineering works (construction of site preparation) in order to create the instant real estate complex as an electric source housing complex, and entered into a business partnership agreement with the Defendant company and “the instant real estate site development project (hereinafter “instant project”) to promote mutual interests by providing mutual information related to the instant real estate site development project affairs, and supporting the housing site development project affairs.”
C. Since then, the Defendant Company should deposit the cash amounting to KRW 600,000,000, or submit the Defendant Company’s guaranty insurance policy, letter of guarantee, etc. under the name of the Defendant Company after the process of the instant project, in the form of a project approval entity.
The Defendant Company demanded the Plaintiff to deposit a certain amount of money with the Defendant Company as security until then by changing the name of the business entity.
On July 8, 2015, the Plaintiff submitted to the Defendant Company a letter of undertaking to modify the license of the instant business with the following content:
In order for a person who has obtained a permit for the above business (Defendant company) to cancel all the matters (such as surety insurance policy by authorization and permission, conversion charges, etc.) which he/she received in his/her name (Defendant company) within seven days from the date on which he/she delivered a permit to the land owner (Plaintiff) and completed the change of the business to the Asan Broadcasting within seven days from the date on which he/she delivered the permit to the land owner (the Plaintiff company). If the change is not completed within the designated date, the owner voluntarily withdraws (the Defendant company) the entire permitted matters, at will, will not take any legal action.
In addition, on July 29, 2015, the Plaintiff is equivalent to KRW 180,000 to the Defendant Company.