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(영문) 서울중앙지방법원 2015.12.08 2015가단126099
보증금반환
Text

1. Defendant B and D jointly and severally with the Plaintiff KRW 44,00,000,000 and the Plaintiff’s objection thereto

A. Defendant B shall be from September 19, 2015 to September 2015.

Reasons

1. Claim against Defendant B and D

A. On September 20, 2012, the Plaintiff indicated the claim 1). The Plaintiff is the F trading event located in Yeongdeungpo-gu Seoul Metropolitan Government E (hereinafter “F trading event”).

Defendant B, D, and deposit KRW 50,000,00, and the period from September 20, 2012 to September 30, 2013, under the FSB agreement (hereinafter “instant photographing agreement”).

(2) On September 20, 2012, the Plaintiff paid KRW 50,000,000 to B. The said Defendants did not return only KRW 6,00,000,000, despite the expiration of the instant photographing agreement, and did not return the remainder KRW 44,00,000 to the Plaintiff.

3) Therefore, Defendant B and D shall jointly and severally apply to the Plaintiff KRW 44,00,00,000, and the following day after the delivery of a copy of the complaint to the Plaintiff from September 19, 2015; Defendant D shall be 20% per annum from August 1, 2015 to September 30, 2015; and 15% per annum from the following day to the day of full payment under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) (the amendment to the "Provisions on the Legal Proceedings" under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 1, 2015 to the day of full payment.

(b) The applicable provisions of Acts shall apply mutatis mutandis to judgment of confessions (Article 208(3)2 of the Civil Procedure Act).

2. Claim against Defendant C

A. The Plaintiff’s assertion 1) Defendant C leased the building Yeongdeungpo-gu Seoul Metropolitan Government E along with Defendant B and D and operated Fwebening Agreement. (2) At the time the Plaintiff entered into the instant agreement with Defendant B and D on September 20, 2012, the Defendant C also entered into the instant agreement on the right to photographs.

3. Accordingly, Defendant C and Defendant C are jointly and severally liable to pay the remaining amount of KRW 44,00,000 to the Plaintiff as agreed upon with Defendant B and D.

B. According to the written evidence Nos. 1 and 2, the agreement on the right to photographs of this case is ①.

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