보증금 반환 등
1. The Defendants are jointly and severally liable to the Plaintiff for 57,423,640 won and the interest rate of 15% per annum from April 10, 2016 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff is a clerical error in June 19, 2015 as of June 19, 2016, on the date on which the 2015 sub-lease contract (Evidence A 3) was prepared.
6. On July 10, 2015, Defendant C entered into a sub-lease contract with Defendant C representing 50,000 won as required by Defendant C regarding part (mutual E) of 108 out of the first floor of Eunpyeong-gu Seoul (Seoul) where Defendant B is the actual business owner, and deposited the said deposit with G account until July 10, 2015.
B. At the time of the above contract, the sub-contractor did not perform the promise on the sub-contractor's side, such as the installation of Mari, the display of large static meat-related Stickers, and the open events, etc., and the plaintiff prepared to prepare for Mari, swine fry, frozen meat, etc. in line with the scheduled opening date. The plaintiff failed to perform the promise on the sub-contractor's side, such as that the opening of the business has been delayed several times, and that the large open events have not been undermined.
C. On August 17, 2015, the Plaintiff sent to the Defendants and F a certificate of claim for damages due to the termination of the said sub-lease agreement and the delay of open, and reached the Defendants around that time.
On October 6, 2015, the following agreements (hereinafter “instant agreements”) were concluded between the Plaintiff and the Defendant B, and Defendant C provided joint and several sureties with respect to the instant agreements.
1. Defendant B (referring to Defendant B) shall pay 8,423,640 won in refined meat sales to Party A (referring to the Plaintiff) by October 15, 2015;
2. A lease deposit of 50,000,000 won shall be paid to a sub-lessee after the rent; and
Provided, That A shall be present at the time of concluding a sublease contract.
3. A shall redeem all the documents related to the marina, and B shall redeem the rental deposit at the same time.
4. B shall refund A a rental deposit not later than December 31, 2015, even if a sublease contract is not concluded.
E. The Plaintiff received only one million won out of the above rental deposit under the instant agreement.