(영문) 부산지방법원 2018.07.19 2017가단322677

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(영문) 부산지방법원 2018.07.19 2017가단322677

보증금반환

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1. The Plaintiff (Counterclaim Defendant) paid KRW 33,039,200 to the Defendant (Counterclaim Plaintiff) and against this, from December 7, 2017 to July 19, 2018.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement No. 1 of the facts charged.

around March 2013, the Defendant, a company established to operate BBB and BS Pipe, operated Spedum which mainly engages in the shooting of 2,3, and 4 floors (hereinafter “instant building”) from among the buildings located in Busan Shipping Daegu C around March 2013.

B. Around August 2016, the Plaintiff agreed with the Defendant to lend part of the Defendant’s facilities and business to the Plaintiff, and the Plaintiff entered into a contract with the Defendant’s employees using the Defendant’s house such as computers, cameras, liftss, and so on, and succeeding to, the instant building and its location (hereinafter “instant contract”).

1) Upon entering into a contract, the Plaintiff shall pay a deposit of KRW 50 million to the Defendant at the same time (Article 1 (2) 2). The Plaintiff shall pay KRW 500,000 per month as a house-based user fee, KRW 15 million per month as a monthly rent for buildings (excluding value-added tax), and KRW 150,000 per month as management expenses.

(Article 3, 4, 5.3) The plaintiff is not allowed to use the name of the defendant's corporation, but can show the fact that the plaintiff succeeds to the defendant's business at the time of publicity and contract (Article 7.4). The term of the contract is two years from September 1, 2016.

(5) Article 14(5) The defendant shall return the deposit amount of KRW 50 million to the defendant at the expiration of the contract at the same time (Article 12(6)). The plaintiff shall not demand the defendant to return the deposit amount of KRW 50 million when the plaintiff closes his business before the expiration of the contract term. If the plaintiff delays the performance of the house rental fee, building rental fee, and management fee for at least two months, the contract shall be terminated immediately, and the deposit of KRW 50 million shall be reverted to the defendant (Article 15(c).

The plaintiff paid 50 million won to the defendant around that time.

유사 판례

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