담보금반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is the prepaid installment business operator who mainly engages in providing services for funeral and wedding to consumers after receiving payments from consumers for at least two months. The Defendant is a mutual aid association established for the purpose of concluding a mutual aid agreement with the prepaid installment business operator and compensating for advance payment, etc.
B. On March 18, 2011, the Plaintiff entered into a mutual aid agreement with the Defendant under Article 27(1)4 of the Installment Transactions Act (hereinafter “instant mutual aid agreement”), and around that time, provided KRW 200 million to the Defendant as security.
C. On February 23, 2011, the Defendant notified the Plaintiff of an increase in the reserve ratio and urged the Plaintiff to renew the instant mutual aid contract, but the Plaintiff did not comply therewith, and the instant mutual aid contract was terminated on March 18, 2011.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 to 6, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion concluded the instant mutual aid agreement and provided KRW 200 million to the Defendant as security. Since the instant mutual aid agreement terminated on March 18, 201, the Defendant is obligated to return the said security amount to the Plaintiff.
B. (1) According to the fact that the obligation to return the security deposit was established, the instant mutual aid contract was lawfully terminated by the Defendant’s termination on the ground that the Defendant failed to submit the Plaintiff’s renewed documents.
As such, the defendant is obligated to return the above secured money to the plaintiff as the restoration of the original state.
(2) As to the Defendant’s assertion and judgment, the Defendant transferred the prepaid installment transaction business to B (hereinafter “B”), and C, the representative director of B, actually controls all the Plaintiff’s business and assets as the Plaintiff’s internal director, and the right to claim the return of the security deposit against the Defendant is obligated to perform the mutual aid service and refund for the cancellation of the contract.