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(영문) 서울중앙지방법원 2021.03.26 2020가단26964
약정금
Text

1. The plaintiff successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff successor.

Reasons

1. Basic facts

A. On February 11, 2020, the Defendant may receive a loan of KRW 3 billion if the Defendant proves the balance of KRW 1 billion in the Defendant’s attempt to operate the business from the Plaintiff’s Intervenor (hereinafter “ Intervenor”) around February 11, 2020. As such, the Defendant demanded the Defendant to deposit KRW 1 billion in the Defendant’s account for 3 days from February 12, 2020, and as such, the Defendant would offer 10% of the deposit amount as the fee.

The commitment was undertaken.

B. On February 11, 2020, the Defendant paid KRW 600,000 to the intervenors a down payment out of the above 10% commission (hereinafter “instant contract deposit”) on the part of the Intervenor at the end that it is necessary for the Intervenor to raise funds of KRW 1 billion.

(c)

On February 12, 2020, the Intervenor deposited KRW 1 billion in the Defendant’s bank E account (hereinafter “instant account”) with the Defendant’s D Bank E account, and applied for the services to keep the account from the said account without the Intervenor’s consent. On February 12, 2020, the Intervenor kept the Defendant’s passbook, Defendant’s certificate of seal impression, seal, and identification card.

(d)

On February 14, 2020, the Intervenor received part of the agreed amount of KRW 11 million from the Defendant on February 18, 2020, and recovered the above KRW 1 billion from the Defendant on February 18, 2020.

E. On February 19, 2020, the Intervenor again received a request from the Defendant to deposit KRW 1 billion in the instant account for three days, and then deposited KRW 1 billion in the instant account (hereinafter “the instant deposit”).

F. However, on February 19, 2020, the Defendant deposited KRW 1 billion in the instant account from February 19, 2020 to February 22, 2020 with the Plaintiff, who is not the Intervenor, and upon completion of the Defendant’s creation fund within the requesting period, deposited KRW 1 billion in the account in the name of the Defendant as a check, and confirmed the existence of more than the Defendant’s creation fund, and then settle the account with each other at the time of absence.

Provided, That 10% fees shall be paid at the time of settlement.

“The instant agreement” (hereinafter referred to as “instant agreement”) was made.

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