logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2014.07.08 2014가단3773
보증금반환
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 40,000,000 and Defendant B from January 1, 2014.

Reasons

1. Basic facts

A. On November 6, 2012, the Plaintiff entered into a contract with Defendant B on the use of static C, the deposit amount of KRW 40,000,000, monthly rent of KRW 700,000, monthly rent of KRW 700,000, and the period of use from November 13, 2012 to November 12, 2013, and paid KRW 40,000,00 to Defendant B.

B. However, as the Plaintiff was unable to continue its business while operating the above Macop, the Plaintiff and the Defendant D, who represented the Defendant B, agreed to terminate the instant use agreement on August 20, 2013.

C. Thereafter, on November 4, 2013, G on behalf of Defendant B, and Defendant C entered into a sales contract with H on behalf of H with the content of trading the said F. D.

On the other hand, on December 3, 2013, Defendant C prepared and delivered to the Plaintiff a letter of payment to pay KRW 40,000,000 on December 9, 2013, for KRW 20,000,000, and KRW 20,000 on December 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the use contract of this case terminated on August 20, 2013, Defendant B is obligated to return the above deposit amount of KRW 40,000,000 to the Plaintiff. Defendant C, on December 3, 2013, agreed to pay the Plaintiff KRW 40,000,000 as the above deposit amount of KRW 20,000,000 on December 9, 2013, and KRW 20,000 on December 31, 2013, the Defendants jointly and severally liable to pay the Plaintiff the deposit amount of KRW 40,00,000 and delay damages, barring any special circumstance.

3. As to Defendant B’s assertion, Defendant B asserted that the obligation of Defendant B was extinguished by the agreement between the Plaintiff and the Defendants to return the said deposit to the Plaintiff on December 3, 2013.

If the assumption of obligation is overlapped.

arrow