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(영문) 서울중앙지방법원 2016.06.03 2015가합552039

보관금반환 청구의 소

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1. The Defendant: (a) Plaintiff A and D respectively KRW 19,694,665; (b) KRW 30,948,759; (c) KRW 18,612,540; and (d) Plaintiff E.

Reasons

1. Basic facts

A. Status 1 of the parties is as follows: The Plaintiffs are Sung Chang Chang-Nd Co., Ltd. (hereinafter “Ma Chang-sod”)

B) Between Seodaemun-gu Seoul Western shopping mall (hereinafter referred to as “instant shopping mall”) in Seodaemun-gu, Seoul.

(2) Of the sales contracts, the sales contract for some stores (hereinafter “instant sales contract”).

(2) On November 2007, the Defendant is a law firm appointed as an attorney of the Plaintiffs in a lawsuit seeking the return of the sale price against Sung Chang-don.

B. 1) Some of the parties to the sales contract (one hundred and twenty-four persons; hereinafter “the first lawsuit”) including the Plaintiffs are the parties to the sales contract.

(2) On November 207, 2007, the Plaintiff appointed the Defendant as an attorney and concluded the instant sales contract against Sung Chang Chang-dil by making false or exaggerated advertisement that the shopping mall in this case will be located in the station area of the Incheon Airport Railroad and bring a lot of U.S. population into the station area of the Incheon Airport Railroad, and the Plaintiffs asserted that the instant sales contract should be cancelled and thus, the Defendant should return the sales price to its original state. (2) On July 23, 2009, the above court ordered a provisional execution declaration citing the fact that the instant sales contract was concluded by deception, such as Sung Chang-dil, etc., and sentenced to a provisional execution declaration citing most claims of the first lawsuit group.

3) The Defendant filed an appeal and filed an application with the Seoul Central District Court 2009Kaga7105 (Seoul Central District Court 2009Kaga7105) for the suspension of execution on the above provisional execution sentence. Accordingly, on August 20, 2009, a decision to suspend execution was rendered on the condition that the provisional execution was deposited in the amount of KRW 4 billion on August 20, 2009, and the said amount was deposited in gold No. 14958 (hereinafter “instant deposit”).

(4) The Seoul High Court Decision 2009Na76289 (Seoul High Court 2009Na76289)’s appellate court’s judgment on June 201, 201.