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(영문) 수원지방법원성남지원 2015.06.12 2014가단31942
예치보증금반환
Text

1. The defendant T&P She Co., Ltd. shall be 25,000,000 won for the plaintiff A and 30,000,000 won for the plaintiff B and each of the above money.

Reasons

1. In full view of the purport of the entire pleadings, the following facts are recognized in each entry of Gap evidence Nos. 1 to 5 (including paper numbers):

A. On July 21, 2012, Plaintiff B entered into a contract with each of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the 23th of the same month for an English conference online voucher and teaching material sales agency (hereinafter “each of the contracts of this case”) with each of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”), and Plaintiff B paid KRW 30,000,000 to each of the contracts of this case as deposit money, and Plaintiff A paid KRW 25,00,000 to each of the Defendant Co., Ltd.

B. According to each contract of this case, the defendant company should return deposit money to the plaintiffs within one month from the end of each contract of this case.

(Article V(1)(c).

Defendant C guaranteed the duty to return the above deposit to the Plaintiffs of the Defendant Company upon the termination of each contract of this case on the date of conclusion of each contract of this case.

Each of the instant contracts was terminated on July 2014 at the expiration of the period.

2. According to the facts of determination, the Defendant Company is obligated to pay the Plaintiff A deposit amounting to KRW 25,00,000,000, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 5, 2014 to the date of full payment, which is the following day when the duplicate of the instant complaint was served on the Defendant Company.

In addition, Defendant C, as a guarantor of the above debt, has a duty to pay the Plaintiff A the amount of KRW 25,00,000, KRW 30,000,000, and each of the above amounts to the Plaintiff B, calculated at the rate of 20% per annum from March 26, 2015 to the date of full payment, which is the following day after the duplicate of the complaint in this case was served on Defendant C.

Each claim of this case shall be accepted on the grounds of the reasons.

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