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(영문) 서울남부지방법원 2015.11.19 2015가단5884

편취금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on this safety defense

A. The Plaintiff and the Defendant asserted on May 16, 2014, and the Plaintiff agreed to bring an action to waive the right to claim the return of the down payment upon failure to pay the remainder of the contract for the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the instant case. As such, the Plaintiff cannot seek the return of the deposit, etc. paid in relation to the lease of the business of the instant business of the business of the business of the business of the Plaintiff pursuant to the above sub-committee agreement, the Plaintiff’

B. According to the reasoning of the judgment and evidence No. 2 (Evidence No. 14, the same shall apply to the above evidence) of the judgment, the Plaintiff: (a) signed an agreement with the Defendant on May 16, 2014, stating that “The Plaintiff did not comply with the agreement with E on May 9, 2014, and changed the balance sheet into May 23, 2014 because it did not comply with the agreement on the remainder payment on May 16, 2014; and (b) if the Plaintiff entered the said agreement on May 23, 2014, the down payment shall be deemed null and void. The Plaintiff did not claim any down payment to any person; and (c) agreed not to give up all rights and to give up civil and criminal objection to the Plaintiff; (d) however, it is difficult to view that the above agreement alone gave up the Plaintiff’s claim for damages from each of the above agreements to the Defendant. Therefore, the Defendant’s assertion in this part of the allegation is without merit.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that: (a) around June 17, 2013, the Plaintiff agreed to engage in the same business by leasing the remaining sugar of the instant rain with the Defendant for a deposit of KRW 60 million; (b) the Defendant paid the Defendant a down payment of KRW 5 million on June 19, 2013; and (c) KRW 10 million on July 22, 2013, plus KRW 2 million on or around August 2013; and (d) the remainder of the lease deposit on or around May 9, 2014, as the remainder of the lease deposit amount of KRW 19 million on or around August 2013; (c) the Defendant, as the instant case.