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(영문) 서울중앙지방법원 2020.07.09 2020가단5031275
보증금반환
Text

1. Defendant D Co., Ltd.: (a) each of the Plaintiffs’ KRW 26,00,000 and the same shall be from October 16, 2017 to March 12, 2020.

Reasons

1. Basic facts

A. On October 14, 2017, the Plaintiffs entered into a membership agreement with Defendant D Co., Ltd. (hereinafter “Defendant D”) with respect to F in Gangnam-gu Seoul Metropolitan Government E building, 4-7, and 13-15 floors (hereinafter “instant facilities”) with respect to the membership period from February 1, 2018 to January 31, 2023, and KRW 55 million (hereinafter “instant membership agreement”). The contents relating to the instant case in the instant membership agreement are as follows.

Article 11 Execution, Operation and Management

2. The liability for the return of the security deposit is Defendant D, and Defendant C Co., Ltd is an agent for fund management and will only provide simple fund management services and will not be liable for the return of the security deposit.

B. By October 16, 2017, the Plaintiffs paid KRW 55 million to Defendant D, and since the construction of the instant facilities has not been completed until now, the Plaintiffs became unable to use the instant facilities at all pursuant to the instant membership agreement. The Plaintiffs’ expression of intent to cancel the instant membership agreement, which was based on such payment, reached Defendant D on October 26, 2018, was lawfully rescinded the instant membership agreement.

C. Since then, Defendant D paid KRW 3 million to the Plaintiffs as a list of the refund of the security deposit, and the remaining security deposit amount of KRW 52 million has not been paid up to now.

On the other hand, on September 20, 2017, Defendant D entered into an agency contract with Defendant C (hereinafter “Defendant C”) under which the management of funds necessary for the progress of the project on the instant facilities was delegated to Defendant C (hereinafter “instant agency contract”). Of the terms of the agency contract, the contents of the instant agency contract are as follows.

Article 10 (Reversion of Rights and Duties) (1) The legal effect of the act done by the defendant C under this Agreement shall belong to the defendant D, and the defendant C shall undertake the project.

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