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(영문) 창원지방법원 2016.06.30 2015나37287

약정금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C and the Defendant’s lease contract 1) On February 15, 2012, C concluded from the Defendant on February 15, 2012, the 2, 4, 5th and underground parts of the 5th floor above the 5th floor above J (Road Name Address J in J) in Jinju-si (hereinafter “instant building”).

A) A contract was entered into with the terms and conditions that deposit KRW 10 million, monthly rent of KRW 8250,000,000,000 for three years from March 1, 2012. Of security deposit, the agreement was made to pay KRW 50,000,000 on the date of the contract and the remainder of KRW 50,000,000 until January 5, 2013. (ii) C paid deposit to the Defendant around that time, and operated a wedding hall and a cover-to-land sheet in the name of “E” after delivery of the instant building.

B. On June 5, 2012, the Plaintiff, who had been engaged in the business of photographing photographs, etc. under the trade name “F” of the Plaintiff and C’s exclusive contract, entrusted the Plaintiff with exclusive application for 24 months, such as wedding products and photographs, carried out by C in the instant building. The Plaintiff deposited KRW 200 million for C, but C entered into a contract with the Plaintiff to immediately return the said deposit to the Plaintiff at the expiration of the contract term.

C. In operating I under a contract with H, Jinju-si, including the Defendant’s confirmation letter, “A”, “B”, “B”, “B”, and “B”, as the case may be additionally deposited by January 1, 2013, the Defendant’s G branch head of G branch on June 7, 2012, promising to prepare a lease agreement recognizing the status of “B” and “B” with respect to the operation of the trading hole, which is the F, and “B”, and “B”, and the Defendant’s G branch head of the G branch on June 7, 2012 (hereinafter “instant confirmation document”) with the Plaintiff and C as follows:

(2) Then, the Plaintiff paid C KRW 160 million around June 8, 2012, and KRW 40 million around June 11, 2012.

[Ground of recognition] No dispute exists, Gap 2, 3, 4, 5, and Eul 2 (including branch numbers, if any), the purport of the whole pleadings

2. Assertion and determination

A. The president of the Defendant’s G Branch Office asserted by the Plaintiff is the Defendant.