보증금반환
1. The Defendants jointly and severally agreed with the Plaintiff KRW 44,438,020 and 6% per annum from March 11, 2017 to February 19, 2019.
1. Facts of recognition;
A. (1) On April 2016, the Plaintiff entered into a liquor consignment management contract with the Defendants and 197 customers (hereinafter “the instant transaction parties”) of the Defendant Limited Company B (hereinafter “Defendant Company”) (hereinafter “instant transaction parties”) to which the Plaintiff received KRW 433,762,034, including attempted claims (hereinafter “instant management contract”).
(2) The main contents of the instant management contract are as follows: (a) the Plaintiff’s sales of alcoholic beverages in the name of the Defendant Company, and as a result, 7% of the purchase price of alcoholic beverages and 5% of the final profit of the Defendant Company, respectively.
(3) Meanwhile, the Plaintiff paid KRW 70 million in total among the instant deposit to the Defendants on April and May 2016, pursuant to an agreement to separately pay KRW 100 million (hereinafter “instant deposit”) in addition to the aforementioned subscription price in order to secure the payment of liquor purchase price to the Defendants and the Plaintiff Company. The Defendants renounced the receipt of KRW 30 million out of the settlement amount in May 2016, thereby substituting the payment of KRW 30 million in total.
B. (1) On April and May 2016, the Plaintiff settled the Plaintiff’s sales of alcoholic beverages and profits, etc. (i) paid the Defendants the purchase price of the instant transaction partner to the Defendants. From May 11, 2016 to February 10, 2017 (hereinafter “instant transaction period”), the Plaintiff operated a business that supplies alcoholic beverages to the said transaction partner in the name of the Defendant Company.
(2) During the instant transaction period, the Defendants paid each of the following amounts to the Plaintiff in May 2016 through December 2016, and paid each of the aforementioned amounts to the Plaintiff. The amount of January 2017 following the said settlement is KRW 19,548,871, and February 2017 KRW 5,820,719.
Monthly settlement = Amount of deposits made by the Plaintiff’s employees (including the collection of official diseases) - the Plaintiff’s alcoholic beverages.