손해배상(기)
1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 36,480,892 as well as the period from October 21, 2014 to July 13, 2016.
1. Basic facts
A. Defendant A Co., Ltd (hereinafter “Defendant A”) was scheduled to hold D (D; hereinafter “D”) at the Incheon Neighborhood Park for two and three days from September 12, 2014 to September 14, 2014.
B. On June 26, 2014, the Plaintiff entered into a service contract with Defendant A to exercise overall control over the promotion and marketing of D events.
(hereinafter “instant contract”). The Plaintiff received total of KRW 135,00,000 from Defendant A twice on July 3, 2014 and July 11, 2014.
The contract price under the contract of this case is KRW 450,000,000 (including value-added tax), and the payment schedule shall be as follows:
Prior payment 1 (30%) 135,000,000 won (including VIT) on July 3, 2014, the first (30%) part payment 135,000,000 won (including VT) on July 32, 2014, the second (20%) part payment 90,000,000 won (including VT) on July 3, 2014, the remainder (20%) after the end of the event on August 4, 19, 2014, the tax invoice, the result data on the event, and the result report on the event are attached, within seven business days after the request is made to A.
C. Defendant A’s representative director E establishes Defendant B Company (hereinafter “Defendant B”) for the exclusive responsibility of D business affairs, and completed the registration of incorporation on July 10, 2014.
The Plaintiff notified the Defendants that the instant contract was terminated on August 5, 2014, as the Defendants did not pay KRW 135,000,000 to the first intermediate payment by July 18, 2014.
E. Defendant B postponed the exercise in sequence on October 31, 2014, and December 31, 2014, but eventually D was revoked.
[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 2 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff, which caused the Plaintiff’s claim, disbursed as shown in the attached Form for the implementation of the instant contract, and incurred KRW 96,067,650,00, except for the advance KRW 135,000 received from Defendant A.
As long as the contract of this case is terminated, the contractual obligations of Defendant A and Defendant A who are the party to the contract.