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(영문) 서울중앙지방법원 2018.09.14 2017나49760

보증금반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff succeeding intervenor's claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. 1) Around October 10, 2011, the Defendant is a 5-story building in Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”).

(2) On July 10, 2012, the Plaintiff established G Co., Ltd. (hereinafter “H postnatal Care Center”) for the purpose of the postnatal care center business, etc. on March 7, 2012. The Plaintiff, a spouse of the Plaintiff, was concurrently a director and the representative director, and the Plaintiff was appointed respectively as an internal director.

3) On March 3, 2012, the Plaintiff proposed K to operate a postnatal care center as a Dong business. Upon receipt of the said proposal, K transferred KRW 90 million to the Plaintiff’s bank account on April 30, 2012, and KRW 190 million to the bank account of H postnatal care centers on June 18, 2012 by March 18, 2013. K was appointed as the joint representative director of H postnatal care centers on September 4, 2012. (B) On behalf of the spouse, the Plaintiff concluded a lease agreement on the fourth and fifth floors of the instant building (the lease agreement on the fourth and fifth floors of the instant building, KRW 200,000,000,000,000,000,000 won, which is KRW 106,000,000,000,0000,000,000 won, out of the lease deposit, KRW 201,2616,2614,25,2006.

After that, F paid to the Defendant KRW 20 million on November 14, 201, and KRW 20 million on December 20 of the same year as part of each bond.

2) The above lease agreement includes the following special terms and conditions. 1. The lessor (the Defendant) is the lessee (F).