logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.07.10 2014나42334
파지보증금 반환
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

Basic Facts

The reason why this Court is used in relation to this part is the same as the corresponding part of the judgment of the court of first instance. Therefore, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act

On January 13, 2010, the Defendants: (a) prepared and delivered the instant custody certificate to the Plaintiff on January 13, 2010; (b) confirmed that KRW 160,000,000 should be kept as a security deposit; and (c) agreed that the Defendants will supply the Plaintiff free of charge for the next five years

On January 5, 2011, the Plaintiff, while remitting the amount of KRW 7 million to Defendant C for the purchase cost of the company’s car, intended to add the said amount to the security deposit.

However, the Defendants discontinued the supply from March 2012, and the Plaintiff terminated the contract by serving a duplicate of the instant complaint.

Therefore, the Defendants are obligated to return the total amount of KRW 167,00,000 to each Plaintiff.

Even if the preliminary assertion is null and void, the Defendants, as joint operators of G, concluded a strike collection contract with F, and received KRW 130,000,000 from F as a security deposit, and the Plaintiff acquired the status of a party to the strike collection contract from F, and thereafter, the Plaintiff paid KRW 37,00,000 in total to the Defendants as a security deposit, so the Defendants are obligated to return the total amount of each of the above security deposit to the Plaintiff.

As long as the authenticity of the disposition document as to the plaintiff's primary assertion is recognized, the court shall reasonably interpret the objective meaning that the parties have given to the act of display according to the contents of the document, regardless of the party's internal intent, and in this case, if the objective meaning of the text is clear, the existence and contents of the declaration of intent shall be recognized in accordance with the contents of the document, unless there is any clear and acceptable counter-proof that the contents may be denied.

Supreme Court Decision 200

arrow