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(영문) 창원지방법원 2014.05.30 2013가단5520

보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the representative director of C (hereinafter "C") and the defendant is the representative director of D (hereinafter "D").

B. On November 30, 2012, the Plaintiff and the Defendant entered into a contract for factory use with the effect that the Plaintiff leases a factory and machinery owned by the Defendant from the Defendant as KRW 40,000,000,000 and December 11, 2014 for a period of 24 months (hereinafter referred to as the “instant contract”). The special terms stated in the said contract are as follows.

The electricity and water rates for the special agreement shall be imposed as much as those used.

(1) Small pres 1, REBFING 3, prefabricated 4, and 2) Large pres 2) on the condition that all the following machines will be purchased at 12/30 or more:

3) The machinery is damaged. 4) The panel of the first floor and the second floor damaged attempt.

5) C shall complete the purchase of machinery on 12/30 days, 1/30 days, and 2/30 days, respectively. B. On December 31, 2012, the Plaintiff deposited KRW 13 million from the non-party F’s account to D’s account, and KRW 27 million from January 3, 2013 to D’s account. The Plaintiff deposited KRW 14 million from the Plaintiff’s account to D’s account on January 3, 2013.

No. 1 and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. After the Plaintiff’s establishment, the Plaintiff entered into a lease agreement with the Defendant on November 30, 2012 in order to receive a pressure processing work of a safety clean light from D operated by the Defendant, and paid KRW 40 million to the Defendant as a security deposit.

However, the Defendant’s pressure-processing work was not carried out under the pressure-processing work from the Defendant, and on February 5, 2013, the Plaintiff received orders for press products from G companies in KRW 27,000,000.

(b).