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(영문) 수원지방법원 2016.03.30 2015가단25149
보증금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Due to the principal claim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person running D in Suwon-si, Suwon-si, and the Defendant was a person who run a soup and soup lending business from May 2005 to March 2015 in the above building.

B. On November 30, 2004, the Plaintiff and the Defendant concluded a contract related to the soup and soup lending business, and set the deposit amount of KRW 300 million, and the intermediate payment of KRW 247 million on the date of the contract, the intermediate payment of KRW 200 million on January 16, 2005, and the remainder of KRW 23 million on February 7, 2005 (hereinafter “the soup and soup lease contract”).

C. However, the Defendant paid the said down payment and intermediate payment on the scheduled date, but did not pay the remainder of KRW 23 million on the agreed due date.

On the other hand, the defendant held office 1/3 of the right under the soup Coup Rental Contract of this case to Nonparty E, who is his punishment, and paid KRW 100 million out of the above deposit.

E. During the above contract period, when the Defendant was unable to conduct soup rental business directly for his patient care, the Defendant operated soup business in such a way that customers voluntarily put in the soup rental fee and take the soup uniforms, even if the Defendant did not do so, but did so, and the Plaintiff collected cash in the above soup and delivered it to the Defendant, and instead, the Defendant, along with the monthly management fee, remitted the Plaintiff the soup laundry expenses to the Plaintiff in addition to the management fee.

F. On March 31, 2015, the Plaintiff and the Defendant decided to terminate the soup contract of the instant case, and did not agree with each other in the course of settling the deposit and management expenses, and the soup cleaning expenses. On April 7, 2015, the Plaintiff and the Defendant agreed that the deposit to be returned to the Defendant shall be KRW 120,000,000,000,000 to be returned to the Defendant after the settlement of the said agreement with the Plaintiff, the Defendant, and the Defendants going in company with the president of the soup and the soup cleaning place. The amount set out in the agreement pertaining thereto shall be set up in 20,000.

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