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(영문) 인천지방법원 2020.10.21 2019가단243665
보증금반환
Text

1. The Plaintiff:

A. Defendant B shall be 42,496,773 won and 12% per annum from August 1, 2020 to the date of complete payment.

Reasons

Facts of recognition

A. On December 20, 2017, Defendant B delegated Defendant C with the right to the service contract and the right to disbursement of the entire D underground of the Nam-gu Incheon Metropolitan City D (hereinafter “instant Sabya”), respectively.

B. On April 2, 2018, Defendant C, on behalf of Defendant B, entered into a contract on each of the following matters: (a) on behalf of the Plaintiff on behalf of the Plaintiff on the part of the Plaintiff on the part of the Defendant B, with a deposit amount of KRW 60,000,000 per day; and (b) upon paying the deposit to the Defendants, Defendant B paid KRW 60,000 per day to the Plaintiff (60,000,000,000,000,000 from the open date) and the period of time for each of the following matters: (c)

(hereinafter “instant contract”). C.

The Plaintiff paid a total of KRW 60,000,000 by April 9, 2018 under the instant contract.

The instant letter of credit was opened on May 1, 2018. D.

The Plaintiff demanded the return of the deposit that the payment of KRW 60,000 per day was not smooth, and received the refund of KRW 15,000,000 on May 31, 2019.

The Plaintiff received refund of KRW 15,000,000 per day (hereinafter referred to as “day”) and received the payment of KRW 45,000 per day (hereinafter referred to as “day”) but did not receive the daily payment even after then, submitted the instant complaint stating the intent to terminate the instant contract on July 19, 2019. The instant warden was served on Defendant B by public notice on November 1, 2019, and was served on Defendant C on July 31, 2019.

(e) From June 2018 (from May 11, 2018 to June 10, 2018) to July 19, 2019, the Plaintiff: KRW 7,496,773 to June 19, 2018; KRW 600,000 for July 2018; KRW 600,00 for August 2018; KRW 300,00 for April 30, 2019; KRW 800,00 for May 31, 2019; KRW 1,219,354 for May 11, 2019 to May 31, 2019; and KRW 60,000 for year 20,00 for year 20,00 for year 20,000 for year 20,000 for year 31, 2019; and

7. From January 1 to July 19, 2019, the Plaintiff was not paid KRW 827,419, as sought by the Plaintiff). Meanwhile, Defendant C (the agent F) who is the agent of Defendant B, was between the Plaintiff and the Plaintiff on December 5, 2019.

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