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(영문) 서울중앙지방법원 2017.07.05 2017가단11771
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 28,828,610 and the interest rate of KRW 15% per annum from January 13, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant, as the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”), entered into a business monopoly sales agreement with D representative director E around the first half of the year of the first half of the year.

On April 27, 2016, the Plaintiff leased a factory located in Gwangju-si (hereinafter “instant factory”) at the Gyeonggi-si (hereinafter “instant factory”) as KRW 24 months of lease deposit, KRW 12 million of lease deposit, and KRW 1.2 million of monthly rent, and paid KRW 12 million of lease deposit on the same day.

In addition, on May 27, 2016, the Plaintiff remitted KRW 20 million to the Defendant as the internal facility fund of the instant factory, and around that time, the Plaintiff borne the cost of the instant factory floor construction.

B. On October 29, 2016, upon the Plaintiff’s request, the Defendant prepared a cash custody certificate (Evidence 1-1) in the name of the sub-committee and delivered it to the Plaintiff.

its key

Details are as follows:

1) Daily gold: 61,98,000 won 2) To receive (storage) May 27, 2016 and to ensure the receipt (storage) of the above amount, the document prepared and signed and sealed this document: Details on the matters on factory rent 3:

C. On November 4, 2016, the Defendant, at the Plaintiff’s request, re-established and issued a cash custody certificate (Evidence 1-2) to change the name of the cash custody certificate from the non-party company to the Defendant’s individual. On the same day, the Defendant additionally prepared and issued a cash custody certificate (Evidence 1-3) stating that the name of the cash custody certificate was changed from the non-party company to the Defendant’s individual.

As the Plaintiff was not operated normally, the Plaintiff terminated the lease contract for the instant factory with the Defendant’s consent, and returned the lease deposit of KRW 12 million on November 30, 2016. On the same day, the Defendant was revised after the refund of the lease deposit and set-off of the rent by way of content-proof mail to the Plaintiff.

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