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(영문) 서울북부지방법원 2015.04.23 2014가단45000
보증금반환
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 40,000,000 and Defendant B from June 1, 2014 to October 16, 2014.

Reasons

Comprehensively taking account of the purport of the evidence evidence Nos. 1 through 3, the Plaintiff agreed with Defendant B to pay the deposit amount of KRW 40 million to Defendant B, instead of running Defendant B’s restaurant, and paid the deposit amount to Defendant B around April 2013, and thereafter, Defendant B agreed to return the deposit amount of KRW 40 million to the Plaintiff by December 18, 2013 when the Plaintiff operated the restaurant, while running the restaurant again between Defendant B and Defendant B by December 18, 2013. Defendant C can be recognized as joint and several liability for the repayment of the deposit amount of KRW 40 million.

According to the above facts, the Defendants are jointly and severally obligated to pay to the Plaintiff the deposit amounting to KRW 40 million from June 1, 2014 to October 16, 2014 when the original copy of the instant payment order was served, and Defendant C is jointly and severally obligated to pay to the Plaintiff the amount equivalent to 5% per annum under the Civil Act until October 6, 2014 when the original copy of the instant payment order was served, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is justified, and it is decided as per Disposition by admitting it.

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