(영문) 서울남부지방법원 2019.05.02 2018나2702

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(영문) 서울남부지방법원 2019.05.02 2018나2702

계약금반환

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 13, 2007, the Plaintiff and the Defendant agreed to jointly operate the photographic pipe business by investing KRW 150 million each in around July 13, 2007 (hereinafter “instant agreement”).

Of the above amount of KRW 300 million, KRW 40 million invested in cash by Won and the Defendant, and the remainder of KRW 260 million invested by the Defendant by means of offering apartment units owned by the Defendant as security.

B. On July 11, 2007, the Defendant entered into a quasi-loan agreement with the Plaintiff to lend KRW 130 million to the Plaintiff the money to be invested, and registered the establishment of a neighboring mortgage with the maximum debt amount of KRW 300 million on an apartment owned by the Plaintiff (hereinafter “the apartment of this case”) to secure the loan claim.

C. On July 20, 2007, the original and the Defendant entered into a lease agreement with C to lease a photographer located in Suwon-si Ewa Holdings as KRW 290 million on July 20, 2007, with the term of lease from July 20, 2007 to July 19, 2009 (hereinafter “instant lease agreement”), and paid KRW 290 million out of the said investment amount to C as the lease deposit.

On May 28, 2008, the Plaintiff sold the apartment of this case at KRW 435 million to the Defendant, and repaid the amount of KRW 130 million to the Defendant. Accordingly, the Defendant appropriated the amount of KRW 60 million among them to the above loan claim, and revoked the registration of the establishment of the above root on June 5, 2008.

E. C around June 2008, the instant lease agreement was terminated due to the sale to F of the said E Holdings. On June 28, 2008, the Plaintiff and the Defendant agreed to receive refund of KRW 30 million out of the lease deposit with C, etc. by mutual consultation until December 24, 2008.

F. The Defendant received KRW 30 million from C, etc. on June 28, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 7, and arguments.

유사 판례

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-의정부지방법원고양지원 2015.06.11 2014가합949

-수원지방법원 성남지원 2012.12.21 2012고정1019