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1. The Defendants jointly and severally liable to the Plaintiff KRW 10,061,962 and Defendant B with respect thereto from June 10, 2014, and Defendant C with respect thereto.
Reasons
1. Basic facts
A. The Plaintiff is a person operating ice Amcream D agency, and Defendant B is a person operating a mutually retail store of the trade name, “Fmat” in Busan Frane-gu E.
B. On April 23, 2011, the Plaintiff and Defendant B supplied Defendant B with ice more than 100,000,000 won on the basis of the supply price, and entered into a contract under the following that Defendant B sells it (hereinafter “instant contract”). The Defendant C agreed to guarantee the Plaintiff’s obligation to purchase goods, refund of incentives, etc. related to the instant contract for five years.
-(1) The plaintiff will deliver to the defendant B a product by applying 50% of the base price of the product:
(2) The Plaintiff supplies the goods to the Defendant with the supply price of retail stores.
(3) The Plaintiff shall assist Defendant B with grants of KRW 15,00,000 on condition that he faithfully implements Article 1(2).
(4) Contract sales: Defendant B should sell at least 100,000,000 won on the basis of the Plaintiff’s supply price of the ice cream provided by the Plaintiff during the agreed period.
(5) The terms of this Agreement: The term of validity of this Agreement shall be automatically extended from April 22, 2011 to the time it is impossible to achieve the contract under section 1(4).
Article 2 (Return of Money and Valuables to Support) (1) When Defendant B destroys a unilateral agreement, it shall return twice the subsidy to the Plaintiff.
C. On April 24, 2014, the Defendant supplied ices equivalent to KRW 66,460,127 out of KRW 100,00,00, among the sales under the instant contract, and sold ices, asserting that the Plaintiff unfairly increased the supply price of ices, and subsequent termination of the instant contract, the Defendant supplied ices from other companies than the Plaintiff.
There is no dispute between the Plaintiff and the Defendants that the Plaintiff paid 15,000,000 won of the bounty prescribed in the instant contract in the manner that the Plaintiff deducteds the Defendant B from the price receivable.
recognized.