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1. The Defendants jointly and severally liable to the Plaintiff for KRW 50 million and KRW 40 million among them, from October 31, 2015 to January 1, 2015.
Reasons
1. Facts of recognition;
A. The Defendants’ husband and wife registered a game providing business under the name of Defendant C with the trade name of “F” on September 12, 2005 from the 171.70 square meters of the 1st floor among the 3-story buildings in Jeju-si, Jeju-si, Jeju-si, and operated the game room (hereinafter “instant game room”).
B. The Plaintiff entered into a contract with the Defendants to acquire the instant game site in KRW 160 million (hereinafter “instant underwriting contract”) including a middle and high-class game machine from their husband and wife, and paid the acquisition price by February 23, 2006.
(Plaintiffs asserted that the total amount of the acquisition price was paid, and the defendant asserts that only KRW 100 million was paid.
After that, when the game site of this case was controlled as illegal business and was subject to the suspension of business, the Defendants decided to cancel the contract of this case between the Plaintiff and the Plaintiff, first, paid KRW 30 million to the Plaintiff in cash, and the Defendants received KRW 40 million from G husband and wife, and agreed to pay additional money to the Plaintiff according to the impossibility of performance of the contract of this case, and then closed the game site of this case on June 9, 2006.
On October 30, 2006, the Defendants made a loan certificate (Evidence 1; hereinafter “the loan certificate of this case”) stating that “Defendant B shall pay to the Plaintiff KRW 50 million from October 31, 201 to the Plaintiff in five years each year from October 31, 201, and Defendant C shall stand joint and several sureties, and deliver it to the Plaintiff.”
[Ground of recognition] The fact that there is no dispute, Gap's 1, 3 through 11, Eul's 1 (including paper numbers), and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendants jointly and severally restore the plaintiff to the original state following the cancellation of the contract for underwriting the game of this case.