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(영문) 대전지방법원천안지원 2020.01.17 2019가합527
보증금반환 및 대여금
Text

1. As to KRW 260,00,000 among the Plaintiff and KRW 200,000,000, the Defendant shall be from July 2, 2017 to July 16, 2019.

Reasons

1. Determination on the claim for refund of security deposit

A. Basic facts 1) The parties involved operated a wedding hall in the name of “D” in Seoan-gu, Seoan-gu, Seoan-gu, the Defendant, and the Plaintiff engaged in the business, such as the establishment of the instant contract and the payment of the deposit money. 2) On September 12, 2016, the Plaintiff and the Defendant entered into the instant contract with the Defendant to pay the Defendant KRW 200,000 with the deposit (hereinafter referred to as the “instant contract”).

(B) From September 12, 2016 to January 20, 2017, the Plaintiff paid KRW 200,000,000 under the instant contract to the Defendant. Around that time, the Plaintiff started the dice lending business with the trade name called “E” from the relevant wedding affiliated building.

(3) The Plaintiff and the Defendant agreed to terminate the instant contract around March 14, 2017. The Defendant leased the instant store to F around that time. The Defendant leased the instant store to F.

B) On March 14, 2017, the Plaintiff sells F the facilities, interior, etc. of the instant store to F for KRW 50,000,000 and deliver the relevant store to F by July 1, 2017 (hereinafter “the instant premium contract”).

(C) Around July 1, 2017, the Plaintiff received the above KRW 50,000,000 from F and delivered the instant store to F.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

B. The fact that the Plaintiff paid KRW 200,000,000 to the Defendant in accordance with the instant contract, which is determined as to the cause of the claim.

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