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1. The Defendants jointly and severally against the Plaintiff KRW 167,293,715 and the Defendant B from December 1, 2015.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on September 21, 2015.
B) As to the Defendant Company, a contract amounting to KRW 30 million and the term of the contract from September 21, 2015 to September 20, 2017 is set at KRW 300,000, and the Plaintiff provided dice rental and dice business services at the wedding hall of the Defendant Company, and the Defendant Company shall pay 650,000 won per case in return (hereinafter “instant contract”).
(2) Under the instant contract, the Plaintiff paid the Defendant Company KRW 190,000,000,000,000 as security deposit, and KRW 180,000,000,000,000,000 to September 25, 2015.
3) However, the Defendant Company was unable to perform the instant contract, and the Defendant Company and the Plaintiff agreed to terminate the instant contract on October 2015. (4) The Defendant Company agreed to return the deposit amount of KRW 190 million to the Plaintiff by November 30, 2015 under the said agreement. At the time of the said agreement, the Defendant Company agreed to return the said deposit jointly and severally with the Defendant Company.
5) On April 11, 2016, which was following the filing of the instant lawsuit, the Defendant Company refunded KRW 30 million to the Plaintiff on April 11, 2016. The damages for delay incurred for delay of KRW 190 million from the date of the said lawsuit shall be KRW 7,293,715 [the damages for delay from December 1, 2015 to January 28, 2016 (the date of final delivery of a copy of the complaint)] KRW 1,531,420 ( KRW 190,00 x 59/366 x annual 5%) and KRW 5,762,295 ( KRW 190,000 x 74/366 x 15% per annum) from January 29, 2016 to April 11, 2016 (including evidence number 7/15 per annum).
B. According to the above facts of recognition, the defendants jointly and severally pay to the plaintiff 167,293,715 won (=190,000,000 won - 22,706,285 won (=30,000,000 won - 7,293,715 won) and the following day after the due date for payment.