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(영문) 수원지방법원 2018.10.12 2016나72747
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

C는 F, I 운영의 K 주식회사(이하 ‘K’이라 한다)로부터 ① 2013. 2.경 수원시 권선구 G에 있는 워터파크의 스낵코너 등을 보증금 40,000,000원(보증금 반환기한: 20,000,000원은 2013. 8. 20., 나머지 20,000,000원은 2014. 1. 30.)에, ② 2013. 6.경 안산시 단원구 H에 있는 워터파크의 스낵코너 등을 보증금 70,000,000원(보증금 반환기한: 2014. 2. 28.)에 각각 임차하였다

(B) Around that time, Defendant D agreed to lend the sum of KRW 110,000,000,000 (hereinafter “instant bond”) of the deposits for each of the instant network-frequency facilities leased from K to K (hereinafter “instant network-frequency facilities”). Accordingly, Defendant D deposited KRW 110,00,000 in the account in the name of F five times from February 22, 2013 to June 21, 2013.

(A) On October 16, 2013, when the Plaintiff, the actual operator of the instant warranty, was unable to perform the obligation to refund the instant warranty deposit, I, on October 16, 2013, stipulated that “I shall provide the Defendant with the instant warranty facilities as security and may sell, transfer, or acquire the instant warranty facilities if the obligation is not performed by the due date (hereinafter referred to as the “instant agreement”), and written to Defendant D an agreement in which the content of the instant agreement is written, the equipment status of the facilities provided as security, and photographic materials, etc.

(No. 4) The Defendants and C entered into a contract on October 16, 2013, stating that “in the event the said victim fails to perform his/her obligation within the agreed date, he/she shall provide the facilities indicated in L facilities and equipment as security” (referring to the instant agreement) with the Defendants and C, who operated the store in the sofetc, operated by the victim I, and failed to receive the refund of the deposit from the said victim. The said victim’s facilities and equipment provided as security.

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