정산금
1. The Defendants jointly and severally pay to the Plaintiff KRW 492,280,897 and KRW 330,601,423 among them.
Basic Facts
A Co., Ltd. (hereinafter referred to as “A”) is a stock company with the purpose of book sale and publishing business.
A, on May 1, 2017, the Seoul Rehabilitation Court rendered a decision to commence rehabilitation proceedings as the Seoul Rehabilitation Court No. 2017 Ma10080, and the Plaintiff taken over the instant lawsuit from A.
Defendant C (hereinafter referred to as “company”) is a corporation incorporated on November 28, 2013 for the purpose of manufacturing and wholesale businesses of Liberia, Gabbet, shoes, silver, cosmetics, and wholesale and retail businesses, and Defendant D is the only internal director of the Defendant Company on February 27, 2014.
On December 18, 2013, Seoul metro, which entered into a joint operation contract, lease contract, and joint and several surety contract, made a public announcement of the lease on the place where the book sales stand (hereinafter “instant book sales stand”) listed in the attached list is installed (hereinafter “instant store”). The eligibility to participate in the contract was limited to a corporate entity whose annual sales of books amount to at least one billion won as of the date of public notice of tender, respectively.
As the Defendant Company failed to meet the above eligibility to participate in the bidding, Defendant D sought A who satisfies the above eligibility to participate in the bid, and suggested A to participate in the bid under its name and receive the successful bid, and to operate the instant store jointly.
Accordingly, A participated in the above bidding and was selected as a successful bidder on December 27, 2013.
On January 3, 2014 and March 24, 2014, A entered into a joint operation agreement with the Defendant Company, under which A entered into a lease agreement with the Seoul Meart on the instant store and supplied books to be kept in the book sales stand to the Defendant Company, but the Defendant Company assumes the responsibility for operating the instant book sales stand and the instant store (hereinafter “instant joint operation agreement”).