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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. E is the representative in the name of the business operator of the Holdings, “G” located in the Daejeon Dong-gu, Daejeon (hereinafter “Sweve”) and Defendant B is the actual representative of the Holdings in this case, Defendant C is the former representative of the Holdings in this case, and the Defendants entered into a partnership agreement with E (hereinafter the Defendants and E collectively referred to as “the Defendant side”) and operate the Holdings in this case.
B. On August 30, 2012, the Plaintiff entered into a subcontract to the effect that the Defendant and the Plaintiff will operate the cosmetic from September 14, 2012 to September 13, 2014 during the contract period, and the down payment is KRW 500 million (hereinafter “instant contract”). The Plaintiff paid each of the instant contract amount to the Defendant side KRW 50 million on August 30, 2012, KRW 10 million on September 30, 2012, KRW 150 million on September 3, 2012, KRW 150 million on September 6, 2012, and KRW 200 million on September 14, 2012, respectively.
(The receipt for the instant contract and the down payment was made in the name of E).
The instant contract was terminated on September 13, 2014 by the Plaintiff’s notification of refusal to renew to the Defendant’s side on July 11, 2014, and was terminated on September 13, 2014, and the Plaintiff was returned KRW 300 million out of the instant down payment KRW 500 million around December 1, 2014.
Pursuant to Article 709 of the Civil Act and Articles 48 and 57(1) of the Commercial Act, the instant contract concluded with the Defendants and entered into a partnership agreement with the Plaintiff for himself and the Defendants, and both the Defendant and the Plaintiff engage in commercial activities. Accordingly, the Defendants are jointly and severally liable to refund the remaining KRW 200 million out of the down payment (i.e., KRW 50 million - KRW 300 million) to the Plaintiff and to pay damages for delay.
2. The Plaintiff and E entered into the instant contract at the office of Defendant B located in Seoul, and the Plaintiff’s account that transferred KRW 50 million out of the down payment of this case on August 30, 2012 is the name of Defendant B, and Party E from March 16, 2008.