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(영문) 서울북부지방법원 2020.01.10 2018가단135260
보증금반환 등
Text

1. The Defendant’s KRW 118,586,260 for the Plaintiff and KRW 5% per annum from November 23, 2018 to January 10, 2020.

Reasons

1. Facts of recognition;

A. For the purpose of contributing to the enhancement of human rights of the disabled and the vulnerable class, the Defendant is a corporation that directly conducts production facilities and operation business for the disabled, etc. to provide jobs for the disabled persons, etc., which is a business of cultivating and selling rice with the brand called “C”.

B. On November 17, 2016, D entered into a “C Center Contract” with the Defendant (hereinafter “instant contract”) with the introduction of E, and the main contents are as follows.

Article 2 Contract Terms

1. The term of validity of this contract shall be from November 17, 2016 to December 31, 2018 (two years), and both parties shall notify their intent to terminate or renew the contract in writing three months prior to the expiration of the term of contract.

Article 3 Name of the Center and areas under business jurisdiction

1. The name of the Center of Section B (D) shall be the Chungcheong-do Center;

Article 4 Security

1. Eul (D) shall deposit 300 million won as a security deposit to secure the performance of its obligations under this Agreement with Gap (Defendant).

At the time of concluding a contract, the deposit shall be preferentially paid 50 million won as the down payment, and 2.5 million won shall be paid to Gap (Defendant) by April 30, 2017.

Article 5 Scope of and responsibilities for Activities A and B

3. A (Defendant) shall supply B (D) with all of the grains, such as rice and miscellaneous rice, and deliver B (D) to a customer;

C. D paid KRW 50 million out of the deposit to the Defendant on November 17, 2016 under the instant contract, however, upon early April 2017, 2017, D would no longer want to maintain the instant contract.

Accordingly, E introduces the Plaintiff, who is the person to succeed to the instant contract, to the Defendant, and the Defendant appointed the Plaintiff as the head of the Defendant’s Chungcheong Association on April 13, 2017, and the Plaintiff completed two business registrations as the representatives of the Cheongnam-do Association and C Sejong Branch, the Defendant’s branch.

After that, on August 17, 2017, the defendant's account is in the name of 20 million won from the national bank account in the name of the plaintiff, and C.

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