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(영문) 인천지방법원부천지원 2016.05.25 2015가단29024
보증금반환
Text

1. Defendant B: (a) 10,000,000 won to Plaintiff (Appointed Party) A; (b) 10,000,000 won to Appointers D; and (c) 10,000 won to Appointers E.

Reasons

1. Basic facts

A. Defendant C registered the beauty room with the trade name “G” (hereinafter “the beauty room in this case”) in Bupyeong-si, Busan-si, and Defendant B was the actual operator of the beauty room in this case.

B. On September 1, 2014, Plaintiff (Appointed Party) entered into a contract with each of the Defendant B (hereinafter “each of the instant contracts”). On March 2, 2015, the main contents of each of the instant contracts include ① the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) paid KRW 10,00,000 to the Defendant B, and ② the Defendant B provides the Plaintiffs with one 1 and two 50% of the revenues generated from the said cosmetic, and the remainder 50% of the revenues accrued from the said cosmetic belongs to the Plaintiffs, and the Plaintiffs bear the burden of value-added tax, value-added tax, advertisement expenses, and global income tax, etc.

C. At each time of the instant case, the Plaintiffs paid KRW 10,000,000 to Defendant B, respectively.

On September 1, 2014 between the Plaintiff (Appointed Party) and the Defendant B, Defendant C demanded the return of the deposit that Defendant B would have been investigated as a criminal case, and the Plaintiffs demanded the return of the deposit that Defendant C would have been paid to Defendant B, and Defendant C, upon receipt of the signature of Defendant C, which was registered as a business operator, stated the name, resident registration number, address, and telephone number of Defendant C at the bottom of the contract between the Plaintiff (Appointed Party) and the Defendant D and the Defendant B on September 3, 2014.

E. After Defendant B filed an individual rehabilitation application with the Incheon District Court 2015 Session84863, Defendant B entered the Plaintiffs in the list of creditors.

[Ground of recognition] Facts without dispute between the parties, Gap evidence No. 1.

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