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(영문) 수원지방법원 2015.01.08 2014나19674

보증금반환

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. On August 26, 2010, Plaintiff B, and Plaintiff A, on October 30, 2010, concluded a service contract with Nonparty E (hereinafter “instant service contract”) which is the operator of the first-story complex or facility of D apartment underground (hereinafter “instant friendship”) of Gangnam-gu Seoul, Seoul, and the service deposit amount of KRW 25,00,000 (hereinafter “each of the instant service deposits”); the contract period of Plaintiff B from August 26, 201 to August 25, 201; and the Plaintiff A from October 30, 201 to August 25, 201, each of the Plaintiffs paid KRW 00 to Nonparty 20, respectively, with the terms of being entrusted with the business of the said friendship or facility with the business of the said friendship (hereinafter “each of the instant service contracts”); and the Plaintiffs paid each of the instant services to Nonparty 50 and each of the Plaintiffs to Nonparty 205 as the title of each service contract.

B. After that, the Plaintiffs were unable to engage in a normal business due to the reasons attributable to the Nonparty Company, and the Nonparty Company agreed on May 4, 201 to refund each of the instant service deposits to the Plaintiffs by May 12, 201 (hereinafter “instant agreement”).

C. However, in violation of the instant agreement, the non-party company did not pay each of the instant service deposits from time to time against each of the non-party companies, the Plaintiffs filed a lawsuit against the Plaintiff for the return of the service deposits at KRW 25,00,000, and KRW 20,000 against the Plaintiff Company, and the Plaintiff B filed a lawsuit for the return of the service deposits at KRW 20,000. The Plaintiff A was sentenced to the judgment in favor of the Plaintiff on December 23, 201, and the Plaintiff B on January 7, 2012 (hereinafter “each of the instant judgments”), and each of the instant judgments became final and conclusive because the non-party company did not appeal.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3, Eul evidence 7-1 and Eul evidence 7-2, the purport of the whole pleadings

2. Determination

A. The plaintiffs' assertion that the defendant is against the non-party company's creditors, including the plaintiffs, all of the businesses of the commercial buildings and non-party company of this case to F only externally on October 19, 2009 in order to avoid obligations to the creditors of the non-party company.