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(영문) 서울고등법원 2020.09.09 2019나2044409

보증금반환

Text

1. The first instance judgment, including a claim added and reduced in this Court, shall be amended as follows:

Reasons

(1) Defendant Company was not subject to food expenses since September 2016, 2016, which was a large amount of food expenses to be received from E, and accordingly, did not pay the said food expenses to the Plaintiff after September 2016.

In addition, it was found that there was some error between the Plaintiff and the Defendant Company at the time of the settlement agreement in August 2016, without paying the unpaid profits pursuant to the above agreement on August 2016.

Accordingly, around March 29, 2017, Defendant Company prepared and delivered to the Plaintiff a statement of accounts containing the following contents:

(hereinafter “instant Settlement Agreement”). D & J Park Settlement 1) Total Amount (86,787,976) (86 as of August 31, 2016) of DJ deposits (50% (43,393,98) out of the above amount (as of August 31, 2016) shall be deposited first by April 25, 201 for the remainder of 50% (43,393,988) of DJ deposits (as of March 29, 2017): Provided, That E public charges (from August 2016 to March 2017) shall be deposited first by April 25.

* Attached Documents: D (State) certificate of seal impression, joint guarantor R resident registration certificate (former, Subsequent Copy), E’s resident registration certificate (former, Subsequent Copy) is transferred to DJ. * Claim 1) through (3) of the aforementioned attached statement attached to the letter of credit transfer to Food and Drug Credit are related to the accrued earnings determined at the time of the settlement agreement on August 2016 (hereinafter referred to as “gains unpaid as of August 2016”), and Section 4 of the above provision are related to the sales amount erroneously settled at the time of the settlement agreement on August 2016 and the unpaid store sales amount (hereinafter referred to as “Unpaid store sales amount, etc.” in this part).

(5) Paragraph (5) is related to the meals of E after September 2016 that the Defendant Company should pay to the Plaintiff.

(l) On March 31, 2017, the Defendant Company paid KRW 43,393,988 as stated in Paragraph (2) of the instant Settlement Agreement to the Plaintiff, and on the same day, pursuant to Paragraph (5) of the instant Settlement Agreement, the Defendant Company held with respect to the instant field restaurant from September 2016 to March 2017.