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(영문) 대구고등법원 2015.12.03 2014나2649
예치금반환
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Sungwoncom Co., Ltd. (hereinafter “Mawon”) was carrying out the instant new construction project on four parcels, including Daejeon Jung-gu, Daejeon (hereinafter “instant new construction project”). However, the Plaintiff had a claim amounting to approximately KRW 6 billion related to the instant project against Sungwon.

B. Around May 2012, the Plaintiff, with respect to the acquisition of the instant business between the Defendant and the Defendant’s consignee G, drafted a written agreement (Evidence A No. 1; hereinafter “instant agreement”) with respect to the acquisition of the instant business as follows:

【Contents of Agreement】

1. In order to promote the project of this case, the defendant shall delegate all business affairs to the defendant's delegated person G, and G shall examine the evidence of provisional disposition and amount of credit 6 billion won as requested by the plaintiff at the time of carrying out the project of this case and treat it preferentially.

2. When a new corporation is established to promote the instant project, the Plaintiff’s share relationship is to be clarified after consultation with the Plaintiff and the Defendant.

3. The defendant may transfer the defendant's status to a person designated by the defendant when necessary in the course of running the business of this case, and the plaintiff will accept the business after mutual consultation.

4. The plaintiff consented to deposit KRW 200 million to E that collects funds of KRW 15 billion necessary for running the business of this case, and shall deposit the funds into the defendant's account, and the defendant will deliver the funds to E.

5. G and the plaintiff shall conduct the business affairs, such as the person who purchased the pertinent business site and the person who has the right to a provisional disposition, and other limited real rights, through mutual consultation.

C. According to the instant agreement, the Plaintiff transferred the sum of KRW 50 million in F’s name, and KRW 200 million in total, KRW 150 million on May 4, 2012 (hereinafter “instant deposit”) to the Agricultural Cooperative Account in the name of the Defendant, according to the instant agreement.

The defendant has received 200 million won of the deposit money of this case from the plaintiff on May 4, 2012 and May 7, 2012 to E.

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