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(영문) 서울중앙지방법원 2016.02.05 2015가합523741

임대차보증금

Text

1. The Plaintiff:

A. Defendant B’s KRW 160,000,000 as well as 20% per annum from March 13, 2015 to September 30, 2015;

Reasons

1. Basic facts

A. 1) The Defendants, D, E, and F are the Defendants, and the instant restaurant in G (hereinafter “instant restaurant”).

2) The H Co., Ltd. (hereinafter “H”) decided to operate the business together and for the operation of the above business.

(2) Around December 2012, the Plaintiff and the Defendants, and the Plaintiff paid the security deposit to the Defendants, and entrusted the instant restaurant to the Defendants; and the same month.

6. The Defendant B transferred KRW 50 million as a performance guarantee for entrusted operation of the restaurant to the account of Defendant B.

Since then, on December 15, 2012, the Defendants concluded a contract for entrusted operation of the restaurant (hereinafter “instant contract”) with the Plaintiff, the Plaintiff, and the Plaintiff paid KRW 100 million to H, and the place provided by H, to operate the instant restaurant from the commencement date of the construction of the thermal power plant to the completion date of the construction of the construction of the instant restaurant (hereinafter “instant contract”).

At the time of the conclusion of the instant contract, H had yet been registered as a juristic person, but Defendant B was the representative of H, and Defendant C affixed the seal to the instant contract as Defendant H’s representative.

3) On December 15, 2012, the Plaintiff remitted performance guarantee worth KRW 50 million remaining under the instant contract to Defendant B’s account. Defendant B’s representative; Defendant C received performance guarantee KRW 50 million in his/her name on December 6, 2012 in his/her name; and Defendant C affixed a cash receipt and a cash receipt to the effect that “the Plaintiff received performance guarantee KRW 50 million on December 15, 2012.” After H was registered on February 21, 2013; and Defendant B was registered as the representative director.

B. The conclusion of the instant agreement and the subsequent circumstances 1), however, did not proceed as planned, and the Plaintiff and H decided to terminate the instant agreement on March 2013. (2) Defendant B resigned from the office of the representative director of H on August 27, 2013, and Nonparty I, the denyingr of E, was registered as the representative director, and J on January 28, 2014.