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(영문) 인천지방법원 2019.11.08 2019나58219
보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 19, 2016, the Defendant concluded a contract with F, the lessee of the 1st underground floor of the Bupyeong-gu Seoul Special Metropolitan City D Building owned by C, and the 260 million won of the 2nd underground floor E private house building located in the 2nd underground floor (hereinafter “the instant private house”). Of the instant private house, the Defendant concluded a contract for the use of private house or facilities (services) with the content that the Defendant would engage in the business using the said private house facilities and services during the term of the contract (hereinafter “instant private house”).

B. On May 19, 2016, the Plaintiff entered into an agreement with the Defendant under the name of “a business agreement” as follows.

(hereinafter referred to as “the instant arrangement”). The term “A” and the term “B” of the Defendant, as the case’s schedule for the same business, are agreed as follows:

Location: Trade name of the Won-gu, Seocheon-gu, Seoul Special Metropolitan City D, underground 1, and 2: For the purpose of use E: 200 million won lease deposit for sugar (inland), the contract period of KRW 60 million: from May 21, 2016 to May 21, 2017, where Party A leased the above sugar (inland), and four persons, including KRW 180,000 and KRW 260,000,000,000, respectively.

The operation of sugars (inland) shall be managed by 100% B, and KRW 50,000 per day shall be paid to A without any relation to profits.

B is responsible for cleaning sugar every day.

If B fails to comply with the above commitment, the amount of KRW 20 million shall be deducted from the amount of deposit.

C. According to the instant agreement, the Plaintiff deposited KRW 10 million in the account in the name of the Defendant’s name on May 8, 2016, and KRW 20 million on May 19, 2016. From May 21, 2016, the Plaintiff deposited KRW 50,000 in the account in the name of the Defendant’s name, and paid KRW 50,000 per day to the Defendant, while running business in the tax house in the instant letter or the sugar.

On or after August 10, 2017, the Plaintiff failed to engage in the said three businesses for health reasons. Around August 20, 2017, the Plaintiff notified the Defendant of the termination of the instant agreement by text messages.

E. Meanwhile, C Co., Ltd.: (a) around June 2017, FF entered into an agreement on rent and management expenses three times.

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