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Reasons
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(영문) 서울중앙지방법원 2021.01.15 2019가단5313537
보증금반환
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1. The defendant shall pay to the plaintiff KRW 200,000,000 per annum from January 4, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. A. On January 2017, the Plaintiff negotiated between the Defendant and the Defendant who sells domestically the products of the main household produced by a Japanese company (hereinafter “the instant main household”) with the trade name “C” (hereinafter “the instant main household”) on the opening of the sales store of the instant main household in Ulsan, and the Defendant sent D.

In this regard, the negotiation role has been assigned.

Contents of the date of Nos. 1, 2017; or

3. From March 31, 2017, the final completion of the design drawings by March 31, 2017, the date of submission of the report on March 24, 2017 ( Japanese CG) signed on March 31, 2017;

4. From May 10, 2017 to 30.

5. The business of opening mountain stores on May 20, 2017, namely, the arrival of the place of order, the continuous installation, and the education, by no later than 15.

B. On March 20, 2017, the director E of the Defendant Company sent the draft sales store agreement and the studio and estimate to the Plaintiff by e-mail with reference to D on March 20, 2017. On the same day, see D, “D representative sent e-mail on behalf of the outside business relationship.” On the same day, the Defendant Company sent e-mail the schedule related to the commencement of the business of Ulsan sales store, and the schedule is as listed below.

(c)

On March 27, 2017, the Plaintiff entered into a sales store contract with the Defendant to sell the instant main household product in Ulsan (hereinafter “instant sales store contract”) with the effect that the Plaintiff would sell the exclusive household product in Ulsan (hereinafter “instant sales store contract”). The main contents are as follows.

1) Intermediate of section 3 (Contract Terms and Sales Deposit)

4. As to the right to sell the product handled by the defendant, the plaintiff shall deposit KRW 200 million to the defendant as a security deposit.

When a contract is terminated or terminated, the defendant shall return the bond deposited with the plaintiff within one month.

5. If the deposit of the Plaintiff’s sales right is confirmed, the Defendant is Japan C, which was sold by the Defendant on the basis of the agreed drawings at the place of business designated by the Defendant.

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