보증금반환
1. Defendant B: (a) 10,000,000 won to Plaintiff (Appointed Party) A; (b) 10,000,000 won to Appointers D; and (c) 10,000 won to Appointers E.
1. Basic facts
A. Defendant C registered the beauty room with the trade name “G” (hereinafter “the beauty room in this case”) in Bupyeong-si, Busan-si, and Defendant B was the actual operator of the beauty room in this case.
B. On September 1, 2014, Plaintiff (Appointed Party) entered into a contract with each of the Defendant B (hereinafter “each of the instant contracts”). On March 2, 2015, the main contents of each of the instant contracts include ① the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) paid KRW 10,00,000 to the Defendant B, and ② the Defendant B provides the Plaintiffs with one 1 and two 50% of the revenues generated from the said cosmetic, and the remainder 50% of the revenues accrued from the said cosmetic belongs to the Plaintiffs, and the Plaintiffs bear the burden of value-added tax, value-added tax, advertisement expenses, and global income tax, etc. < Amended by Presidential Decree No. 25072, Sep. 1, 2014; Presidential Decree No. 20348, Sep. 1, 2014; Presidential Decree No. 20300, Mar. 2, 2015>
C. At each time of the instant case, the Plaintiffs paid KRW 10,000,000 to Defendant B, respectively.
On September 1, 2014 between the Plaintiff (Appointed Party) and the Defendant B, Defendant C demanded the return of the deposit that Defendant B would have been investigated as a criminal case, and the Plaintiffs demanded the return of the deposit that Defendant C would have been paid to Defendant B, and Defendant C, upon receipt of the signature of Defendant C, which was registered as a business operator, stated the name, resident registration number, address, and telephone number of Defendant C at the bottom of the contract between the Plaintiff (Appointed Party) and the Defendant D and the Defendant B on September 3, 2014.
E. After Defendant B filed an individual rehabilitation application with the Incheon District Court 2015 Session84863, Defendant B entered the Plaintiffs in the list of creditors.
[Ground of recognition] Facts without dispute between the parties, Gap evidence No. 1.