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(영문) 의정부지방법원 2015.10.27 2014가단44987
보증금반환
Text

1. The Defendant amounting to KRW 30 million to the Plaintiff and the Plaintiff’s annual rate of 5% from November 19, 2014 to October 27, 2015.

Reasons

1. Facts of recognition;

A. On August 201, the Plaintiff entered into a contract on vicarious execution of public relations (advertisement) activities (hereinafter “instant contract”) with the Defendant, who operates the “EAD” (hereinafter “instant private teaching institute”) in Gyeonggi-gun C and D (hereinafter “instant private teaching institute”).

Article 1 (Purpose) This Agreement is to entrust the Plaintiff (referred to as the Defendant; hereinafter the same shall apply in this Schedule) with all the publicity (advertisement) affairs of the instant private teaching institute during the contract period to Eul (referring to the Plaintiff; hereinafter the same shall apply in this Schedule), and Eul is running the advertisement with its own funds, and the Defendant shall pay to the Plaintiff the remainder except the deposit amount of all students who enter the private teaching institute.

Article 2 (Deposit) A shall be paid KRW 50 million to A after entering into a contract for public relations (advertisement) business.

The deposit shall be deposited in the passbook A, and the contract shall be deemed concluded simultaneously with the deposit.

Article 3 (Term of Contract) The term of contract shall be two years from the date of payment from the head of the Tong, and may be extended upon mutual agreement after the expiration of the term.

When a contract is terminated, 50 million won shall be paid to A.

Article 6 (Prohibition of Transfer)

1. Both parties shall be prohibited from transferring, donating, offering security, etc. any rights and obligations under this contract to a third party without the written consent of the other party;

B. On August 31, 2011, the Plaintiff paid a deposit of KRW 50 million as stipulated in Article 2 to the Defendant under the instant contract (hereinafter “instant deposit”).

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Determination

A. According to the above facts as to the cause of the claim, the instant contract is concluded on August 31, 201 when two years have elapsed since August 31, 2011, which was the contract period stipulated in the main sentence of Article 3 (1) and the period of contract expires on August 31, 2013. Thus, barring any special circumstance, the Defendant KRW 50 million, which is the instant deposit, to the Plaintiff pursuant to Article 3 (2) of the instant contract.

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