logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.07.10 2018가단83471
선수금 반환 청구의 소
Text

1. Defendant B shall be jointly and severally with the Plaintiff KRW 74 million and the interest rate from August 10, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant C (hereinafter “Defendant C”) is a non-profit corporation established on October 25, 201 with the purpose of providing vocational education, employment research, job placement services, and social welfare information and service support services for the disabled.

B. Although E was the Defendant in the instant case, there was an adjustment to acknowledge the Plaintiff’s claim on the last date for pleading.

On April 1, 2016, Defendant D, the spouse of Defendant D, completed business registration as a corporate business entity’s branch on April 1, 2016 as “business name F, business name G, corporate registration number H, location of its head office H, Eunpyeong-gu Seoul Metropolitan Government I, 2nd floor, and business type printed materials business.” The location of the said head office is consistent with the location of Defendant C’s principal office, and the said corporate registration number is also Defendant C.

On February 7, 2017, Defendant B, who had no record of F, filed a report on the change of the representative of the above business registration from Defendant D to himself.

C. On April 10, 2017, the Plaintiff entered into a contract with Defendant B and F to collect 80 million won in advance (hereinafter “instant contract”). The content of the instant contract was consulted with E who actually operated F (at the time of the preparation of a rescission collection contract (Evidence A1) for the instant contract, E introduced Defendant B as joint business operators). The advance payment also was the F’s account managed by E with the amount of KRW 30 million on March 30, 2017.

4.7.50 million won was transferred respectively. D.

At the time of the F’s representative date, Defendant D had concluded a contract identical to the instant contract with J at the time of the F’s representative, which was difficult to perform the instant contract from the beginning, and was actually unable to perform the instant contract.

E. E returned to the Plaintiff KRW 5 million on October 27, 2017 and KRW 1 million on April 15, 2019, respectively.

F. Defendant D’s trade name on November 1, 2017 is K and the location of the workplace is G and the project at the time of strike.

arrow