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(영문) 수원지방법원 2017.03.22 2016가단516291
운영보증금반환 청구의 소
Text

1. Defendant D’s each of the Plaintiffs’ KRW 28,00,000,00 per annum from March 1, 2015 to May 18, 2016; and

Reasons

1. Claim against Defendant D

A. On January 20, 2014, the Defendants registered the business with the trade name “F” in the Gu E during the Ansan-si period. (2) On April 8, 2014, the Plaintiffs entered into a contract with Defendant D, G, etc. with the terms that the Plaintiffs agreed to engage in the credit business in F as KRW 56 million and that the Plaintiffs would engage in the credit business in F (hereinafter “instant operating contract”).

3) On April 8, 2014, the Plaintiffs paid KRW 56 million operating deposit to Defendant D, G, etc., and carried on the following business in F sugar. 4) The F discontinued around February 2015. The Plaintiffs became unable to carry on the following business in F sugar.

5) Therefore, Defendant D is obligated to pay the Plaintiffs damages for delay according to each of the ratio of KRW 28,00,000,000, and the annual interest rate of KRW 5% per annum under the Civil Act, and the annual interest rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, until May 18, 2016, on which the copy of the instant complaint was served, from March 1, 2015, which is the day following the end of the instant operation contract, as the closure of the F. B. Decision based on the confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act).

2. Claim against Defendant C

A. 1) The Plaintiff’s assertion G entered into the instant operational contract on behalf of the Defendant C (U.S.) on behalf of the Plaintiff, and the instant operational contract terminated by F.C. As such, Defendant C must pay the Plaintiffs deposit amounting to KRW 56 million and its delay damages. 2) The Defendant C did not confer the power of attorney to enter into the instant operational contract on behalf of the Defendant C (U.S.).

B. The judgment of this Court 1) A2 and A3 are as follows: FCop operation contract (the resident registration number, address, and telephone number of Defendant D is indicated in Defendant A2, and D’s signature and seal are affixed thereto, and the signature and seal is affixed to Defendant C’s name.

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