(영문) 수원지방법원용인시법원 2016.08.18 2015가단251

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(영문) 수원지방법원용인시법원 2016.08.18 2015가단251

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

A. The Defendant, around February 2013, decided to operate a business with the Plaintiff and a vending machine installation. The Plaintiff, by deceiving the Defendant to deliver the vending machine to a person with the influence to install it, was used in personal debt repayment, etc. after receiving KRW 10 million from the Defendant. On February 25, 2013, the Defendant was paid KRW 5 million as the deposit money for the beverage warehouse.

However, since the instant vending machine installation and operation agreement was terminated, the Plaintiff is obligated to pay the Defendant a total of KRW 15 million and damages for delay.

B. The Plaintiff’s assertion concluded a beverage warehouse lease agreement with the Defendant and agreed to receive deposit of KRW 5 million and KRW 200,000 per month.

However, until the contract is terminated, the defendant did not pay 2.2 million won out of the rent, and the plaintiff deducted it from the deposit.

In addition, on December 6, 2013, the Plaintiff settled the profits from the drinking water sales business operated with the Defendant and paid all the remaining deposit amount of KRW 2.8 million.

Meanwhile, the Plaintiff, the Defendant, and C agreed to share 3,33,00 won for the introduction fee of KRW 10 million, and the Plaintiff transferred KRW 3,33,00 to the Defendant.

Therefore, all of the Plaintiff’s obligations against the Defendant were extinguished.

C. In full view of the purport of the arguments in the evidence Nos. 1 and Nos. 1 and 2, the Plaintiff agreed to operate the business of installing vending machines together with the Defendant. Meanwhile, on March 1, 2013, the Plaintiff agreed to receive KRW 5 million as the deposit money for a beverage warehouse from the Defendant and KRW 200,000 per month on March 1, 2013. Moreover, on the grounds of the criminal fact of deceiving the Defendant that the Plaintiff should pay KRW 10,000 to a person who has influence over the business of installing vending machines, the Plaintiff was paid KRW 10,000,000,000 to the Defendant and received KRW 10,000,000 from the Suwon District Court’s Housing Site on January 15, 2015, five

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