선급금반환
1. The Defendants jointly and severally pay to the Plaintiff KRW 38,464,604 and KRW 20,337,288 among them. From October 20, 2016, the Defendants shall be fully paid to the Plaintiff.
1. Basic facts
A. On September 15, 2009, with regard to the distribution, distribution, and sale of “D Digital Washington” with Defendant A, the Plaintiff entered into a content distribution agreement with the term of contract from September 15, 2009 to September 30, 2010; the term of contract from September 15, 2009 to September 30, 201; the term of contract; the term of contract from October 31, 2009 to the scheduled date of delivery; and the term of November 30, 2009 to the scheduled date of withdrawal; according to this, the Plaintiff paid the Defendant A advance payment of KRW 30 million, but the Defendant A required to repay the said advance payment in the future.
(hereinafter referred to as “instant contract”)
B. After that, according to the subsidiary agreement between the Plaintiff and the Defendant A and B on December 15, 2009, the two different molds of D Digital Washington were modified on February 15, 2010 as of the scheduled date of publication, and on February 19, 2010 as of the scheduled date of publication, respectively. In accordance with the subsidiary agreement dated 1, 2010, the “E Digital Washington mold” was modified within September 15, 2010, and the scheduled date of sale was modified on September 30, 2010.
The scheduled date of sale was changed within September 20, 2010.
C. Meanwhile, Defendant A and B agreed to pay the Plaintiff the interest calculated at the interest rate of 20% per annum from the date of payment to the date of full payment, where Defendant A and B failed to comply with the scheduled date of payment due to the above posters at the time of the subsidiary agreement on July 1, 2010.
On July 20, 201, Defendant A agreed to pay to the Plaintiff the remaining amount of KRW 28,825,971 out of the advance payment of KRW 30 million as of September 15, 2009, in 500,000,000 each month, but if delay is delayed, Defendant A agreed to pay the overdue interest calculated at the rate of 20% per annum. At that time, Defendant C guaranteed Defendant A’s joint and several liability.
E. Defendant A has repaid the Plaintiff’s obligation until April 2016, and Defendant A’s obligation to return advance payment to Defendant A remains in total of KRW 20,337,28 as of October 19, 2016, KRW 18,127,316 (interest calculated at the rate of 20% per annum from April 6, 2012 to October 19, 2016).
[Ground of recognition] Unsatisfy, Gap evidence 1-7.