계약보증금
1. Defendant C shall pay 80,000,000 won to the Plaintiff and 12% per annum from May 10, 2019 to the date of full payment.
(b) the facts of the basis;
A. On July 18, 2016, the Plaintiff (a person who was to provide services jointly with D and E, but became an exclusive contractor by acquiring all of his/her shares, and became an exclusive contractor) provided annual conference-related services to the F 000 places of business, such as annual conference services and a plastic bag, and drafted a service contract with Defendant C (a certificate No. 1; hereinafter “instant service contract”).
B. In the instant service contract, the period of exclusive contract is from July 18, 2016 to July 17, 2018 (Article 2). The Plaintiff paid KRW 60,000,000 of exclusive deposit (Article 3), and the Plaintiff immediately returned the exclusive deposit upon the termination of the contract period (Article 6).
In addition, on August 23, 2016, Defendant C would refund the exclusive deposit (hereinafter “instant exclusive deposit”) to the Plaintiff by July 17, 2018, and written a separate cash custody certificate (Evidence A No. 3) with the following contents.
* Cash Storage Certificate*bucheon F Representative C receives 60,000,000 won for beauty art dice diversity deposit.
Accordingly, I agree to prepare a cash custody certificate (written evidence) and pay it by July 17, 2018 when there is no special exception (written evidence).
C. On April 7, 2018, the Plaintiff: (a) received a request from the Fbucheon Branch for the payment of monthly salary to Defendant C; and (b) lent KRW 20,000,000 to Defendant C (hereinafter “instant loan”); and (c) on April 7, 2018, C drafted a loan certificate (Evidence A No. 4) with the following content to the Plaintiff:
* a tea card* Fbubox C borrowed Libibibibibibibibied Libibibibibibibien.
Accordingly, I agree to prepare the loan certificate in writing and to read the loan amount until May 20, 2018.
The instant service contract was terminated after the lapse of the period, but the Plaintiff did not receive a refund of the exclusive deposit and loan.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings.