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(영문) 부산지방법원 2019.06.28 2018나60830

보증금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 14, 2015, the Plaintiff entered into a contract with the Defendant for delegation of store management (hereinafter “instant contract”) with the content that the Defendant’s “D (hereinafter “instant store”) is responsible for the management and sale of the instant store from March 1, 2016 to February 28, 2017.”

The main contents of the contract of this case prepared at the time are as follows.

Article 1. Delegation Defendant shall delegate the management and sale of D’s products (E) to the Plaintiff and pay the management fees to the Plaintiff.

Article 2 Period of delegation (1) The period of delegation shall be from March 1, 2016 to February 28, 2017.

② When the contract between the Defendant and C is terminated, the contract between the Plaintiff and the Defendant shall also be terminated automatically.

3. In the event that the plaintiff or the defendant does not notify the other party of his/her intent to renew the contract in writing not later than two months before the expiration of the contract term, this contract

Article 3 Delegation and contract terms (1) Where the Plaintiff destroys the contract within the contract period, the down payment of KRW 15,000,000 shall not be refunded.

B. The Plaintiff paid 15,000,000 won to the Defendant as a security deposit.

C. On September 14, 2017, upon the Defendant’s request for the withdrawal of iron, the Plaintiff recovered at the instant store.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 4, 6, 7, and 8, the purport of the whole pleadings

2. The parties' assertion

A. The instant contract was terminated on February 28, 2017, as the Plaintiff and the Defendant did not indicate the renewed intention.

However, without permission of C, the Defendant requested that the store of this case be operated more early because it is difficult for the Defendant to continue to operate the store of this case, and the Plaintiff continued to operate the store of this case.

During that period, the Defendant notified the Plaintiff of the removal of the instant store around September 13, 2017, and the Plaintiff from September 14, 2017.