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(영문) 수원지방법원안양지원 2020.08.14 2019가단7295

보증금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On September 7, 2011, the Plaintiff’s assertion D Co., Ltd. (hereinafter “D”) entered into a partnership agreement on the right to operate a cafeteria of the building underground in Guro-gu Seoul Metropolitan Government (hereinafter “instant partnership agreement”) with the Defendants, and on the same day, entrusted or transferred the above operating right to the Defendants with the amount of KRW 240 million in price (hereinafter “instant transfer/acquisition agreement”). The Defendants are obligated to pay KRW 10 million as part of the above claim of KRW 240,000,000,000 to the Plaintiff who acquired the claim regarding the instant partnership agreement and the transfer/acquisition agreement from D. The Defendants are obligated to pay KRW 80,000,000,000 as security deposit.

2. We examine the judgment, and there is no evidence to prove that the Defendants entered into the instant trade agreement and the transfer/acquisition agreement between D and the Defendants, and instead, considering the overall purport of the pleadings in the written evidence Nos. 3 and 4, it can be acknowledged that the instant trade agreement and the transfer/acquisition agreement were concluded between D and F (hereinafter “F”). Thus, the Plaintiff’s claim based on the premise that the Defendants are parties to the instant trade agreement and the transfer/acquisition agreement is without merit.

3. In conclusion, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.