임대보증금반환 및 약정금
1. The Plaintiff:
A. Defendant B and C jointly share KRW 112,200,000, and Defendant B with respect thereto from December 18, 2014.
1. Facts of recognition;
A. On August 2008, Defendant B and Defendant B, the husband of the case, acquired G Co., Ltd. located in Gyeyang-gu Incheon Metropolitan City F (hereinafter “instant Co., Ltd”), and jointly operated the instant Co., Ltd. after acquiring G Co., Ltd. (hereinafter “instant Co., Ltd”).
B. On October 28, 2008, Defendant B and E concluded a contract for the use of the instant friendship or facilities (hereinafter “instant contract”) with the Plaintiff on the following grounds: (a) on October 28, 2008, when the registration of ownership transfer with respect to the instant friendship was not completed, Defendant B and E had the Plaintiff conduct the gas supply services using the instant rain or facilities; and (b) the deposit KRW 90 million out of the deposit KRW 150 million was concluded; and (c) on November 30, 2008, Defendant B and E entered into a contract for the use of the instant friendship or facilities (hereinafter “instant contract”); and (d) entered into a special agreement with the Plaintiff to set up a collateral security right in the name of the Plaintiff to secure the said deposit after completing the registration of ownership transfer with respect to the instant friendship under the name of E.
Defendant B and E received KRW 90 million from the Plaintiff on October 28, 2008, which corresponds to the down payment out of the deposit.
C. On November 30, 2008, Defendant B and E prepared a letter (Evidence A) stating that “The instant contract shall be reversed, the instant contract shall be rescinded, and KRW 3.5 million shall be paid per month to the Plaintiff as the agent of the Plaintiff as the Defendant B,” as the agent of the Plaintiff, was unable to complete the registration of ownership transfer concerning the instant friendship, and thus, the Plaintiff was urged to perform the instant contract.”
On February 24, 2009, Defendant B and E drafted each letter (Evidence 10 No. 10) stating that the Plaintiff shall create a right to collateral security by March 16, 2009. Since then E pays a deposit of KRW 90 million to the Plaintiff by May 29, 2009, and then KRW 3.5 million at the monthly credit service cost of 2009. < Amended by Act No. 3506, May 29, 2009>