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(영문) 의정부지방법원 2017.04.14 2016가단26556
계약금반환
Text

1. The Defendant shall pay to the Plaintiff A KRW 17,00,000, KRW 16,000,000 to the Defendant B, and KRW 17,00,000 to the Plaintiff C, respectively.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence No. 1 (no dispute over formation), Gap evidence No. 2, 3, and 4, together with the purport of all pleadings. A.

(1) On February 27, 2013, the Plaintiffs entered into a lease agreement with Defendant and E (Representative F), F, G, and H on February 27, 2013, the terms of the lease deposit with respect to the beauty and dice business rights (hereinafter “instant goodwill”) located in Yeongdeungpo-gu Seoul Metropolitan Government under the name of Yeongdeungpo-gu Seoul Metropolitan Government I (hereinafter “instant goodwill”), with the terms of the lease deposit amounting to KRW 570 million, and the term of lease from May 1, 2013 to April 30, 2016, and with the terms of the lease agreement (hereinafter “instant lease agreement”).

(2) On March 12, 2013, the Plaintiffs agreed to pay the remainder KRW 170 million on the date of concluding the instant lease agreement, and the remainder KRW 200 million on April 23, 2013, respectively, on the date of concluding the instant lease agreement.

(3) Article 6 (Return of Contract Deposit) (1) Upon completion of the contract, the entire contract deposit shall be refunded to B (Plaintiffs).

(2) If it is impracticable to exercise business rights any longer due to a problem arising from the operation of the crowdfunding, the full down payment (i.e., the above lessors, including the defendant) shall be immediately refunded to B (Plaintiffs).

B. (1) Plaintiff A paid the lease deposit (1) KRW 70 million for Plaintiff A, Plaintiff B’s KRW 60 million for Plaintiff C, and Plaintiff C raised KRW 70 million for contract deposit, and the Plaintiffs paid KRW 200 million for the joint lessor including the Defendant.

(2) On February 27, 2013, G, the representative director of K, a corporation, issued a receipt of KRW 140 million out of the down payment of the instant lease agreement, on behalf of the Plaintiffs, on behalf of K Co., Ltd., Ltd., and received from Plaintiff A and C.

C. The instant lease agreement was concluded on the grounds of the suspension of construction by the waves.

The defendant, on August 13, 201, set up a right to collateral security (1).

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