logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2021.02.10 2020가단262161
보증금 등 반환
Text

The defendant shall pay 50 million won to the plaintiff and 5% per annum from August 11, 2012 to February 10, 2021, and from the next day.

Reasons

1. Basic facts

A. On July 2009, the Plaintiff received a proposal from the Defendant for the church recycling goods collection business and decided to participate in the said business.

B. Around August 27, 2009, the Plaintiff and the Defendant entered into an entrustment contract with the Defendant to provide the Defendant with an opportunity to collect recycled clothes, etc. from the churches for three years from August 27, 2009. The Plaintiff and the Defendant agreed to pay KRW 50 million to the Defendant as a security deposit to secure all the Defendant’s liability based on the entrustment contract under the above service contract.

(c)

The plaintiff includes a security deposit under the entrustment contract for the above business, and the amount of KRW 10 million on July 16, 2009;

8.27.60 million won;

9. A total of KRW 100,500,000 and KRW 25,00,000,000 was remitted to the Defendant account.

(d)

The Plaintiff collected approximately KRW 5,695 kilograms of clothes from the church through the Defendant from August 23, 2009 to October 11, 2009.

When the Plaintiff could no longer collect clothes through the Defendant, on July 30, 2012, the Plaintiff terminated the entrustment contract for the said work to the Defendant, and issued a certificate of content that the Plaintiff requested the Plaintiff to return KRW 100 million, totaling KRW 50 million and KRW 50 million under the entrustment contract for the said work, until August 10, 2012.

[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff provided an opportunity to stably collect approximately KRW 1,00 tons of clothes every year through the church recycling business conducted by the Defendant, and KRW 400 per kilogram year, and entered into the instant work entrustment contract and the premium contract incidental thereto.

In this regard, as the defendant is unable to carry out the above business of collecting church recyclables according to the above business entrustment contract, it is impossible to provide the plaintiff with an opportunity to collect recycled clothes, etc. in a stable manner.

arrow