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1. The Defendant (Appointed Party) paid KRW 70,000,000 to the Plaintiff and 6% per annum from October 1, 2014 to July 28, 2015.
Reasons
1. Basic facts
A. The plaintiff is a business operator who takes photographs in a wedding hall, and the defendant (appointed party, this name C) is a person who actually conducts business as to D's wedding hall in Cheongju-si, Cheongju-si.
B. On October 1, 2013, lessor E entered into a lease agreement between the Defendant (Appointed Party) and the lessee under the name of the appointed party, with the lease deposit amount of KRW 300 million and the lease term of KRW 10 million from October 1, 2013 to September 30, 2018.
However, the Defendant (Appointed Party) paid only part of the lease deposit to E.
C. On October 22, 2013, the Plaintiff entered into a cooperative agreement with the Defendant (Appointed Party) who used the previous trade name “FS Holdings” (hereinafter “instant agreement”) that reads that “the Plaintiff will pay KRW 50,000,000 to the Defendant (Appointed Party) as the contract deposit. The Plaintiff himself/herself takes photographs of the foregoing wedding hall, the Defendant (Appointed Party) guarantees at least 100 photographs per year in the above wedding hall, and the Defendant (Appointed Party) will pay KRW 200,000 per case when it falls short of the foregoing hall” (hereinafter “instant agreement”).
Accordingly, the Plaintiff paid KRW 50 million to the Defendant (Appointed Party).
On January 1, 2014, the Designating Party completed the registration of its business with respect to the above wedding hall in the name of “Gweve”;
E. E demanded the Defendant to deliver the above wedding hall on the ground that the deposit was not paid. On September 30, 2014, the Plaintiff could have taken 14 photographs until the closure of the above wedding hall.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion (appointed party) and the selection person are joint operators of the wedding hall or persons who name the selection person. Thus, the selection person is jointly and severally with the defendant (Appointed party) and jointly with the plaintiff as to the plaintiff's damage amounting to KRW 70 million, the contract deposit of KRW 50 million, and the contract deposit of KRW 70 million due to the contract of this case.