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(영문) 서울고등법원 2019.07.19 2018나2052090
계약금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, except that the court of first instance partially renders the reasons

(C) On March 15, 2017, K opened the Plaintiff’s name on March 15, 2017 under the name of the Plaintiff’s representative director, and opened the Plaintiff’s name on March 15, 2017, upon contact with Q to the effect that the terms and conditions for payment of remainder (e.g., the furnishing of documents necessary for the registration of ownership transfer, the termination of limited real right, and the expulsion of lessees) are satisfied, K deposited KRW 5,00,000 with the account loan opened in the Plaintiff’s name. Meanwhile, the Plaintiff borrowed KRW 1,50,000,000 from T for the remainder of payment, and T for the remainder of payment.

A) 1,500,000 won was sent to 1,500,000 won. Other S Union accounts opened in the name of the Plaintiff (V, next to the Plaintiff’s S Union accounts).

At the time of March 15, 2017, KRW 1,000,204,842 was deposited. 2) L and Q were paid in the F hotel on March 15, 2017.

M and N at the time showed L the receipt that they fully repaid the loan obligations, which are the secured debt of the instant establishment registration, and the agreement on the termination of the lease agreement prepared with the lessee of the instant real estate, and demanded payment of the remainder of KRW 7,528,430,00 (including value-added tax).

L refuses to pay any balance and leaves the F hotel for the reason that the lessee of the real estate in this case continues to operate convenience stores and dans without leaving the facility yet.

L is, however, aware of the existence of the same balance as paragraph 1 among the Plaintiff’s R&C accounts and S&C accounts around that time.

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