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(영문) 서울중앙지방법원 2014.06.18 2013가합81922
예치금반환
Text

1. The defendant shall be the plaintiff.

(a) KRW 126,275,000 and interest rate of KRW 20% per annum from November 16, 2013 to the date of complete payment.

Reasons

In fact, upon the request of the Seoul subway Construction Headquarters, the Defendant paid deposit money related to the construction work of the 9th subway Line 9: On February 24, 2003, the Defendant approved the transplantation of the 20thm tree trees in front of A building on the condition that the Defendant paid KRW 93,841,00 on February 24, 200, KRW 55,00,000, the daily life-long-distance transplantation of KRW 29,332,000 on May 30, 200, under the condition that the payment of KRW 29,32,00,000 on May 30, 200.

According to the defendant's approval conditions, the refund of deposit is made after two years have passed since the restoration of the street trees to their original state (new planting).

On March 21, 2003, the Plaintiff paid deposit amounting to KRW 93,841,00 on March 21, 2003 as a payer under the approved conditions (i) the payer of deposit is the Seoul subway Construction Headquarters, but the Plaintiff appears to have changed to the payer by consultation with the Defendant, and ② June 5, 2009, ② the deposit amounting to KRW 29,332,00, and ③ the deposit amounting to KRW 3,102,000 on September 8, 2009.

[126,275,00 won (=29,332,000 won)] ①, ②, ②, ③, the restoration of transplant trees was completed on June 2009 and delivered to the Defendant.

On September 14, 2009, after the completion inspection of construction work of subway No. 9, subway No. 914 Section, the Plaintiff provided the Defendant with the warranty insurance policy issued by Seoul Guarantee Insurance Co., Ltd. on September 28, 2009.

On January 10, 2006, the Defendant applied for permission to occupy and use a green area of 497,507, 507m237.41m2, Gangnam-gu, Seoul and imposed KRW 189,442,300 deposit money on the Plaintiff as well as KRW 4,465,510.

The conditions of permission.

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