beta
(영문) 서울서부지방법원 2017.10.11 2016가단10257

보증금반환

Text

1. Defendant B’s KRW 23,651,50 for the Plaintiff and KRW 6% per annum from March 10, 2015 to October 15, 2016.

Reasons

1. In full view of the purport of the arguments in Gap evidence Nos. 1 through 4 as to the claim against defendant B, the plaintiff is an individual business entity who collects, sells, or recycles scrap metal, etc. with the trade name of "D," and the defendant B is a person engaged in printing and publishing business with the trade name of "E," and the plaintiff, from January 2014, ordered to be supplied with the defendant B from January 2, 2014, paid the deposit amount of KRW 30 million to the defendant B, and agreed to immediately refund the remaining bond amount at the time of termination of the contract for the supply of land. Accordingly, the plaintiff paid the remaining bond amount of KRW 30 million to the defendant B, and the contract for the supply of land of this case terminated on March 9, 2015 with the balance of the deposit amount of KRW 23,651,50,000 from March 16, 2015 to the date of termination of the contract for the supply of land. According to the facts that the remaining bond amount of this case was 250% 150%.

2. As to the claim against Defendant C, the Plaintiff asserts that Defendant C had a duty to return the instant wave deposit to the Plaintiff, since Defendant C established and operated the F on April 18, 2014, and Defendant C comprehensively acquired the rights and obligations of Defendant B’s E in the process.

According to the statements in evidence Nos. 2 and 10, the fact that Defendant B signed a letter of confirmation that all Defendant C acquired the instant malone deposit, and according to the records of Plaintiff’s storage, etc., the fact that Defendant B signed on the letter of confirmation that Defendant C acquired all of the instant malone deposit from January 2014 to July 2014.