구상금 청구의 소
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 305,917,808 and KRW 300,000,000 among them, from February 13, 2017 to October 2017.
1. Facts of recognition;
A. On December 13, 2010, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) concluded a lease agreement with the F Co., Ltd. and G Co., Ltd. and the JI Logistics Center in Gwangju-si (hereinafter “instant logistics center”) setting the lease term from January 15, 201 to January 14, 2016; deposit deposit amounting to KRW 142,95,000; and rent amounting to KRW 28,591,000 per month.
B. On December 31, 2010, with respect to the convenience store operation of the Defendant Company and the Intervenor, the Plaintiff’s Intervenor (hereinafter “ Intervenor”) entered into a logistics business consignment agreement (hereinafter “instant consignment agreement”) stating that the Defendant Company shall manage and keep the goods entrusted to the instant logistics center from February 16, 201 to February 15, 201 and deliver the goods to the Intervenor’s chain store, and that the Intervenor shall pay the commission fee to the Intervenor. Of which, the part on the business guarantee fee is as follows:
[Article 16 (Implementation of Contract)]
3. The intervenor shall pay a business guarantee money of 300 million won to the defendant company separately from entrustment fees in order to facilitate smooth performance of affairs in delegated logistics of the intervenor.
4. 300 million won of the above business bonds must be returned to the Intervenor immediately upon the termination of the contract with the Intervenor or the Defendant Company due or under the agreement between the Intervenor and the Defendant Company.
5. The defendant company shall subscribe to the return guarantee of KRW 300 million paid to the intervenor and submit the certificate to the intervenor.
[Attachment 4] Article 2 (Advance Payment of Security Deposit) of the [Agreement] Article 2 (Advance Payment of Security Deposit] The Intervenor and the Defendant Company shall pay KRW 300 million business guarantee money on condition that five years operate in the conclusion and operation of the instant consignment contract. In addition, in order to secure security deposit, the Defendant Company shall enter into a contract for the creation of a collateral security or a surety insurance policy on real estate meeting our standards and submit it to the Intervenor. Article 3 (Conclusion of Contract Term of