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(영문) 서울고등법원 2020.01.23 2019나2032390

보증금반환

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the part corresponding to the judgment of the court of first instance (excluding the part concerning the co-defendants of the court of first instance which became final and conclusive) is used, and the Defendants’ assertion to emphasize or add to this court is identical to the reasons for the judgment of the court of first instance, except for adding the following “2. Additional decision”. Thus, the same shall be cited by including the abbreviation in accordance with the main sentence of

Defendant E, “Defendant E,” “Co-Defendant E,” “Defendant B,” “Co-Defendant B,” and “Defendant F,” respectively, in the first instance trial co-Defendant F.

The number of pages 5, 5, 7, and 11 of the first instance judgment shall be 200,000 won, respectively.

In the fourth part of the judgment of the court of first instance, the smaller portion between the sixth to seventh shall be added as follows:

“E. Meanwhile, Defendant D deposited KRW 314,364,932 (hereinafter “instant deposit”) with the Plaintiff as the principal and interest of the first instance judgment as the principal and interest damages incurred on August 8, 2019 by making the Plaintiff as the principal and interest of the principal under the first instance judgment as the principal and interest damages incurred on the day (hereinafter “instant deposit”).

(ii) [Ground for recognition] A-3 evidence, evidence No. 4-1, evidence No. 1-4, evidence No. 1-2, evidence No. 3-2, evidence No. 7, and the purport of the whole pleadings]

2. Additional determination

A. The Defendants asserted the non-performance of the terms and conditions 1) concluded the second cooperation contract of this case with the Plaintiff, and agreed that Defendant C et al. pay the deposit to be paid by F in lieu of the deposit to be paid by F on condition that they conduct business by fully taking over the instant wedding course from F, and that F did not fulfill the conditions, such as the transfer of the instant wedding share to Defendant C et al., and thus, the acquisition of the obligation of deposit does not take effect. However, the following circumstances, which are acknowledged by taking account of the overall purport of the arguments, are the following circumstances, namely, F.