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1. Defendant C’s KRW 82,352,00, and the Plaintiff’s annual rate of KRW 5% from April 8, 2013 to May 27, 2014, as follows.
Reasons
1. Basic facts
A. The Plaintiff is operating a studio-gu entertainment business in the name of Gangnam-gu D, “E” (the so-called “studio-gu”).
Defendant B is the "mast" in charge of attracting customers and managing contact loans at entertainment establishments, and Defendant C is the person who formed the Defendant B and team and worked as the "head".
B. On April 2012, the Defendants, who had worked at the Plaintiff’s entertainment establishment, provided that Defendant B, instead of working at the Plaintiff’s entertainment establishment, received down payment (so-called “the clothes value”) of KRW 15 million and prepaid payment (so-called “PR cost”), and Defendant C entered into an employment contract with the Plaintiff.
Accordingly, the Defendants received the above money from the Plaintiff, and Defendant B jointly and severally guaranteed the Defendant C’s obligation to return the prepaid amount, and Defendant C jointly and severally guaranteed the Defendant B’s obligation to return the prepaid amount.
Since April 12, 2012, the Defendants began to work at the Plaintiff’s business establishment.
C. Defendant B shall keep the Plaintiff’s KRW 50 million around May 2012, and shall be against the Plaintiff’s demand.
“A” prepares a cash storage certificate and a certificate of personal seal impression, and receives money from the Plaintiff, and Defendant C provided joint and several sureties with respect to the above repayment obligation of Defendant B.
On August 2012, the Plaintiff urged the Defendants to return prepaid payments and borrowed money paid by the Plaintiff on the grounds that the Defendants did not work from around August 2012.
[Based on recognition] With respect to Defendant B, each entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply), part of Gap evidence 15, witness G testimony, the whole purport of oral argument against Defendant C: Confession without dispute (Article 208(3)1 of the Civil Procedure Act)
2. Claim against the defendant B
A. The summary of the Plaintiff’s assertion 1 is that Defendant B is obligated to return KRW 15,00,000, which was received from the Plaintiff, and KRW 32,352,00,00, which was not yet returned, since Defendant B did not work properly at the Plaintiff’s business establishment.
The Plaintiff.