보증금반환
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
On April 18, 2017, Defendant D and B entered into a lease agreement with G Co., Ltd. (hereinafter “Lessor”) which is its owner with respect to the Namdong-gu, Incheon, E and F Co., Ltd. (hereinafter “Sarido”), with a deposit of KRW 300,00,000, monthly rent of KRW 20,000,000, and registered as H’s joint business operator under the said Defendants’ name on August 25, 2017.
On November 18, 2017, the Plaintiff entered into a service lease agreement with Defendant B and C on the instant private beverage, and paid KRW 50,000,000 to the said Defendants. On April 27, 2018, the Plaintiff entered into a soup service lease agreement with the said Defendants, and paid KRW 200,000,000 as deposit money to the said Defendants.
(2) On April 2, 2019, Plaintiff A sent a certificate of content to the Defendants and notified the Defendants that each of the instant contracts had been terminated, as the instant services lease contract was not operated normally due to the business insolvency.
On June 18, 2019, the Defendants transferred to I the rights and obligations relating to the instant friendship.
【In the absence of dispute, the Defendants are jointly obligated to pay to the Plaintiffs the amount of KRW 159,00,00,00, remaining after deducting the amount of KRW 91,00,00 paid by I from KRW 250,000,00,00,000, and the amount of KRW 159,000,00,00,000, and the amount of KRW 159,00,00,000, and the amount of delay damages incurred therefrom, as stated in the evidence Nos. 2, 3, 4, 4, 6, 7, 8 (including the number of serial numbers; hereinafter the same shall apply) and Eul evidence Nos. 5, and the purport of the whole argument as to the Plaintiff’s assertion.
Judgment
The evidence submitted by the Plaintiff on the claim against Defendant D alone is insufficient to recognize Defendant D as a party to each of the instant contracts. Therefore, the party concluding each of the instant contracts with the Plaintiff is Defendant B and C.