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(영문) 서울고등법원 2016.01.29 2015나22214
보증금반환
Text

1. Each appeal filed by the Plaintiff and Defendant C, and all claims filed by the Plaintiff against Defendant B added at the trial of the Party are dismissed.

2.

Reasons

1. The scope of the judgment of this court in the first instance court claimed against the Defendants for the payment of KRW 587,00,000 and damages for delay thereof. Of the above KRW 587,00,000, the amount of KRW 200,000, which was concluded on April 14, 2014 with the Defendants shall be the refund of deposit pursuant to the sales contract concluded between the Plaintiff and the Defendants. The remainder of KRW 387,00,000 shall be the agreed amount for the Defendant C, and the payment shall be made jointly and severally by the agreement for the Defendant B to jointly and severally repay the above agreed amount (hereinafter “instant joint repayment agreement”). The first instance court accepted both the Plaintiff’s claim for the refund of deposit to the Defendants and the claim for the agreed amount against the Defendant C in each of the above claims, and dismissed the Defendant B’s claim for the joint repayment agreement of this case.

The Plaintiff appealed against the part of the judgment of the court of first instance regarding the claim for the amount of the joint repayment agreement in this case against Defendant B, and Defendant C appealed against the part against Defendant C regarding the claim for the agreed amount in the judgment of first instance. As such, only the part concerning the claim for the agreed amount in this case against Defendant C and the part concerning the claim for the agreed amount in this case against Defendant B are subject to the judgment of this court.

2. The following facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in the descriptions of Gap evidence 1, evidence 2-1 to 3, evidence 3, evidence 5, evidence 6-1 to 6-2, evidence 7, evidence 8-1 to 3, and evidence 3-2 to 6.

On April 14, 2014, the Plaintiff entered into a scrap metal sales contract (hereinafter “instant sales contract”) with the Defendants. The main contents are as follows. Article 2 (Transaction Deposit) of the said contract is as follows. ① Deposit for scrap metal sales is KRW 200,000,000, and this amount shall be refunded to the Plaintiff at the time of the termination of the transaction due to such reasons as the expiration of the contract period.

② The Plaintiff’s security deposit 50,000.

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