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Reasons
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(영문) 대구지방법원 2017.05.18 2016나33
대여금
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 17,570,964 and KRW 1,00,000 among them.

Reasons

1. Facts of recognition;

A. On June 2009, the Plaintiff, Defendant, and E entered into a contract with the FF Co., Ltd. (hereinafter “G Co., Ltd.”) to jointly manage the business of the Daegu branch office (hereinafter “instant partnership agreement”) (hereinafter “the instant partnership agreement”), and the association under the instant partnership agreement (hereinafter “instant partnership”).

B. As of June 20, 2009, the instant association entered into a branch contract with F on the condition that “the instant association will be entrusted with the business management of F’s Daegu branch office” (hereinafter “instant branch contract”). At the time of the contract, the Plaintiff was named C, the Defendant was named D, and the E was used in its name.

C. On July 9, 2009, the instant association entered into an agreement with F on the security deposit and office of a branch, and the main contents of the agreement (A No. 2 No. 2) prepared at the time are as follows.

Meanwhile, the Plaintiff and E shared each KRW 25 million and deposited KRW 50 million in F.

Article 2 (Amount of Guarantee)

1. The instant cooperative, which is a trustee of business management, shall deposit the following amounts as security deposit:

2. Branch deposit. Article 5 (Return of Security Deposit)

1. The association of this case may not demand the return of the deposit during the contract period.

2. When 200% or more of the security deposit paid by the branch office fee received by the instant association, the security deposit of the instant association shall be automatically extinguished.

3. If the amount of the agency fees received by the time the contract is terminated is less than 200 per cent, the balance obtained by deducting 50 per cent of the agency fees received from the deposited money may be claimed as the refund amount of the bond.

On July 9, 2009, the instant association drafted a written oath (No. 2, hereinafter “instant pledge”) with the following contents as follows:

1. F and the instant association concluded a contract on April 30, 2009, but concluded on April 30, 2009 due to the nonperformance of the instant association’s commitments.

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