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(영문) 대구지방법원 2014.06.12 2014가합2352
예치금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' arguments

A. For the following reasons, the Defendant is obligated to refund KRW 200 million and delay damages to the Plaintiff.

1) The Defendant proposed the following suggestions to the Plaintiff around April 2012.

The Plaintiff prepared and kept 15 billion won at the expense of acquiring a new construction business license (hereinafter “D new construction business”). If the Plaintiff deposited KRW 200 million with the deposit money, it shall be deposited in the Defendant’s passbook immediately. The Plaintiff paid KRW 15 billion with the Plaintiff’s credit to the Plaintiff, the implementor of the said D new construction business, first, and paid KRW 6 billion to the Defendant. (B) while the Plaintiff did not recover a large amount of claims related to D new construction business, it was accepted by the Defendant’s agreement on the joint business (Evidence 1) around May 2012, and the Defendant did not jointly deposit the above KRW 200 million with the Defendant, and the Defendant did not jointly deposit the deposit money with the Defendant in relation to the E new construction business, and the Defendant did not deposit the money to the Defendant on May 3, 2012.).

B. The summary of the defendant's assertion 1) The defendant did not agree to jointly conduct the new construction project with the plaintiff, and there was no fact that the plaintiff said that 200 million won should be deposited into the account under the name of the defendant.

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