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수원지방법원 2016.03.31 2015나26280
계약금반환
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. The following facts do not conflict between the parties, or each entry in Gap evidence 1, No. 2-1, No. 2-2, and No. 3-6 may be admitted by taking into account the whole purport of the pleadings:

The defendant is a corporation established for the purpose of consulting business start-up, etc., and the defendant B served as a consulting staff.

B. On August 16, 2012, the Plaintiff: (a) as between B and B, signed and sealed a seal on the “ issuer”; and (b) signed and sealed the instant promise to pay KRW 5,00,000 to the Plaintiff, the Plaintiff provided services by the Korea Highway Corporation (the lessor), a lessee, and Type C C, a lessee, with a license to entrust the store of this case from the Korea Highway Corporation (hereinafter “SC”); and (c) in return, the Plaintiff may refuse to pay KRW 5,00,000 to the Defendant for the performance contract or consulting services; and (d) signed and sealed the instant promise to pay KRW 50,000 on the “written promise to pay” column of the “written promise to pay” (hereinafter “written promise to pay”) and the “written promise to pay the Plaintiff’s deposit account” (hereinafter “the date of the instant promise to pay KRW 5,00,000,000) to the Korea Highway Corporation, the lessee of the instant store, and the Plaintiff may refuse to conclude the instant promise to pay KRW 5,00.

C. After that, the Plaintiff became unable to acquire a consignment business license for the instant store as the wind that the Korea Highway Corporation and the Sejong FFC refused to conclude a consignment business operation and a water supply contract for the instant store.

The plaintiff is the defendant on February 25, 2014.