logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.08 2013가단160507
보증금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff of the plaintiff's assertion filed the lawsuit of this case against the defendants seeking the return of the deposit paid in relation to the entrusted operation of the health center. The defendants filed a counterclaim against the defendants by setting the claim for distribution of sales amount under the sales agreement under the entrusted operation as opposing claim.

2. Basic facts

A. Defendant B operated a health center and a driving range on the 6th and 7th floor of the Gangnam-gu Seoul Metropolitan Government D building.

B. From the lower end of April 2012, the Plaintiff, who was entrusted with the operation of the helicopter by the said Defendant, was running on October 16, 2012, and the said Defendant entered into a provisional contract under which the said Defendant entrusted the operation of the helicopter. The period of the provisional contract was set up as of October 26, 2012, which entered into this contract, and the Plaintiff paid KRW 30 million to the said Defendant with the deposit, and if the Plaintiff wishes to reverse the provisional contract without concluding this contract, the said Defendant agreed to return the deposit and the interest accrued thereon together.

C. On October 16, 2012, the Plaintiff transferred the deposit amount of KRW 30,00 to Defendant C’s bank account, the representative director of the said Defendant.

The Plaintiff, without entering into this Agreement with the above Defendant, operated a healthcare, and delivered the healthcare to the above Defendant at the end of December, 2012.

3. Claim against the defendant B

A. According to the above fact that the above defendant's obligation to return the deposit occurred, the provisional contract between the plaintiff and the above defendant was extended by implied mutual agreement, and the plaintiff delivered the above defendant with the above defendant with the intent to terminate the contract.

Therefore, the above defendant is obligated to return to the plaintiff the deposit amounting to KRW 30 million and the interest amounting to KRW 300,000,000,000 as provided in the provisional contract.

The plaintiff asserts that the above defendant agreed to pay interest of KRW 300,000 per month from November 2012 to March 2013 that he/she had agreed to pay interest of KRW 1.2 million.

arrow