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(영문) 창원지방법원 2020.11.20 2019나65259

보증금반환

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On February 27, 2018, the Defendant: (a) entered into a contract for the consignment of the management of the Do Holdings owned by the Defendant (hereinafter “instant Docking”); and (b) the key content of the contract is as follows.

Article 1: A (Defendant; hereinafter the same shall apply) shall entrust the operation of A (the plaintiff; hereinafter the same shall apply) to B (the plaintiff; hereinafter the same shall apply) by entrusting B with the operation of A's place of business from March 1, 2018 to February 28, 2019.

B shall express the extension or termination to A one month before the expiration of the period of entrustment, and the conditions for extension shall be as follows:

2.B shall automatically cancel this Agreement in the event that the minimum number of persons specified in this Agreement cannot be achieved (70 per year).

Article 2:B:B shall provide Party A with commission fees for crowdfunding contracts as follows:

1. At the end of at least 150 million won per annum, 1.5 million won shall be increased to 1.5 million won for each 50 additional achievement. 2. Provided, That the criteria for the termination of wedding shall be the minimum of 70 persons from March 1, 2018 to February 28, 2019, and 200 million won per two parties shall be paid to A when the said two parties are unable to achieve.

When two or more parties have achieved, 100,000 won per two parties shall be paid to A.

(As from March 1, 2018 to February 28, 2019) Article 3: The scope of the consignment of B consists of seven floors of the place of business, five floors of crowdfunding, five floors of the place of business, and two closed white rooms.

Article 4:B shall pay Party A a daily amount of KRW 30 million as commission contract money.

The facility management expenses incurred in the entrusted area of Section B shall be borne by Section B.

[Matters of Special Agreement]

7.The management expenses for the entrusted area specified in Article 3 shall be borne by Section 3.

B. The instant database consists of seven-story Sweves (E) and five-story Sweves (F), and waste bags (G heading), etc.

C. The Plaintiff paid KRW 30 million to the Defendant as the deposit under the instant contract (contract deposit) (hereinafter “instant deposit”) and operated the instant wale. However, this case’s wale was operated.