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(영문) 서울북부지방법원 2015.10.08 2014가합639

보증금반환

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1. Defendant B shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from July 1, 2015 to the date of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who operates a cafeteria in the construction site. 2) Defendant C introduced, around January 2013, the representative director, Defendant B, and the representative director of the Dispute Resolution Co., Ltd., to the Plaintiff.

B. Defendant B and F, around January 6, 2013, in the office of the Dispute Resolution Co., Ltd., Defendant B and F, the Plaintiff. “The Dispute Resolution Co., Ltd. contracted from G to the Dispute Resolution Co., Ltd., and the Dispute Resolution Co., Ltd., Ltd., will undertake the creation of a natural company museum on the first ground of the Jeonbuk-gun, Jeonbuk-gun, Seoul, which will begin on February 2013 and will be completed three years after the commencement of April 2013, and the Natural History Museum Formation Corporation will be completed six years after the start of April 2013. The Corporation will be completed at least 200 meals, and the number of children start from April 2, 201, the Corporation would be at least 400,000, which would reduce the right of operation of the restaurant at each of the above construction sites. However, there was no intention between the Plaintiff and the Dispute Resolution Co., Ltd., Ltd. and the Plaintiff to the effect that it would return money to the Plaintiff within five months.

Defendant B and F, as such, by deceiving the Plaintiff, and then deceiving the Plaintiff from the Plaintiff as the deposit money for the operation of the restaurant, the Defendant B and F acquired KRW 100 million, including KRW 50 million on January 8, 2013 and KRW 50 million on January 17, 2013 (hereinafter “instant deposit money”).

C. The Plaintiff receiving the referral fee from Defendant C is the Defendant C.

On January 20, 2013, the sum of KRW 40 million on March 21, 2013, and KRW 40 million on March 21, 2013 (hereinafter referred to as “instant introduction”). D.

On April 21, 2015, the Plaintiff, including an agreement between the Plaintiff and F, is F.