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(영문) 서울중앙지방법원 2020.06.25 2019가합575047

예치금 반환

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The status of the parties is the group of shop owners, consisting of 10 stories above ground and 283 stores below ground among the five stories above ground located in Jung-gu Seoul Metropolitan Government and 10 stories below ground (hereinafter “instant commercial building”).

The defendant is a management company that manages the commercial building of this case and imposes and collects management fees on its owner or tenant-merchants.

The Plaintiff and D Co., Ltd. (hereinafter “D”), including the promotion of the instant shopping district development project, have been carrying out development projects for the revitalization of the instant shopping district from around 201. D, on July 23, 2011, issued to the Plaintiff a letter of undertaking stating that “100 million won is deposited in the Plaintiff” with respect to the instant shopping district development project.

On April 30, 2013, D and E (hereinafter “E”) entered into a joint development project agreement with the Plaintiff on April 30, 2013 under the Plaintiff’s approval. Around October 2013, F Co., Ltd. appears to have participated in the instant commercial development project with the Plaintiff’s approval. On October 14, 2013, it appears that “80 stores among the instant commercial buildings are “80 stores.” The Plaintiff appears to be “80 stores among the instant commercial buildings.” The Plaintiff, on the other hand, promised to designate B to store as parallel import stores ( brand stores) in return for the promise to pay KRW 160 million (i.e., KRW 80 x KRW 2 million) as delinquent management expenses of the instant commercial building.”

D A. Around 2013, in the process of the instant shopping district development project, deposited KRW 100 million with the Plaintiff as a deposit deposit in relation to the instant shopping district development project, and around August 2013, the Plaintiff paid KRW 100 million to the Defendant as a deposit deposit (development deposit and development execution deposit) for the promotion of the instant shopping district development project.

E around 2014, around 2014, paid KRW 140 million to the Plaintiff as the delinquent management expenses of the instant commercial building, and the Plaintiff raises objection to the Defendant.