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(영문) 부산고등법원 2019.12.19 2019나50222
보증금반환
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The Defendant is a company established on March 4, 2015 for the purpose of food sale business, etc., and C is a person who held office as Defendant representative director from the establishment of the Defendant until August 29, 2017.

B. On February 19, 2013, C entered into a contract with E (hereinafter “E”) under which C is obliged to lease a place indicated in the attached Form 1 in the YY-gu, E (hereinafter “Attachment 1 store”) with a place indicated in the color of inspection (hereinafter “Attachment 1 store for convenience”) and sell sacrins and ammunition beverages and pay payment fees for sales to E (hereinafter “contract with respect to the instant attached store 1”).

C. On April 2, 2013, C registered the business in the name of “J” as the place of business, one of the annexed stores No. 1, and registered the business in the name of “K” as the place of business. D.

On the other hand, between E and E on March 1, 2015, the Defendant entered into a contract with the following terms: (a) between E and E, the Defendant: (b) leased a place marked in black color (hereinafter referred to as “attached 2”) to operate convenience stores (including L) and pay payment fees for sales to E; (c) registered as a juristic person on March 4, 2015.

E. On March 1, 2016, the Defendant entered into a contract with E on March 1, 2016, under which the Defendant entered into a contract with E to lease a place marked in black color (hereinafter referred to as “attached 3 store”) to conduct business, such as convenience stores, L, M(C) and pay payment fees for sales (hereinafter referred to as “contract with respect to the instant Attached 3”).

F. Around January 2017, the Plaintiff agreed to conduct the business with the trade name “H” in the E-gu, and remitted KRW 205,00,000,000 to the national bank account of C on January 17, 2017, including KRW 20,000,000 on January 20, 2017, and KRW 50,000,000 on February 13, 2017, and KRW 205,00,000 on March 2, 2017.

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