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(영문) 창원지방법원진주지원 2015.11.05 2014가단12887
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 15, 2012, C entered into a contract with the Defendant for the lease of the 2,4,5, and underground portion of the 5th floor above D ground (hereinafter “instant building portion”) from the Defendant on the date of Jinju-si, with a deposit of KRW 100,000,000, monthly rent of KRW 8,250,000, and the lease period of KRW 8,250,000,000, out of the deposit money, the deposit of KRW 50,00,000, shall be paid on the date of the contract, and the remainder of KRW 50,00,00,000, by January 5, 2013.

C Around that time, a deposit amount of KRW 50,00,000 shall be paid to the Defendant, and the portion of the building of this case shall be handed over and operated a wedding hall and a cover sheet in the name of “E.”

B. On June 5, 2012, the Plaintiff, who had been engaged in the business of photographing pictures, etc. with the name of “F,” was exclusively requested for 24 months by C to the Plaintiff, and the Plaintiff deposited KRW 200,000,000 for C, and C entered into a contract with the Plaintiff to return the said deposit money on the expiration date of the contract period.

In the operation of I under the contract with H in J, Jinju, by January 1, 2013, where 50 million won of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the Fund of the Fund of the Fund of the Fund of the Bank of Korea,

C. On June 7, 2012, the head of the Defendant’s G Branch prepared and issued a written confirmation (hereinafter “instant confirmation”) with the Plaintiff and C as follows:

Afterward, the Plaintiff paid C KRW 160,000,000,000 on June 8, 2012, and KRW 40,000 on June 11, 2012.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 2 (including additional number), and the purport of the whole pleadings

2. The plaintiff's assertion is determined on behalf of the defendant, and the head of the defendant's G Branch shall prepare and deliver the letter of confirmation on behalf of the defendant in the building of this case separate from C.

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