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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,000,00 and Defendant A with respect thereto from September 5, 2013, and Defendant B.
Reasons
The following facts are acknowledged as to the cause of the claim, and each of the following facts is recognized if there is no dispute between the plaintiff and the defendants, or if the purport of the whole argument is added to the statement in Gap evidence 1 through 3 (including the number of branches).
On March 4, 2011, the Plaintiff, who operates a manufacturing business of maintaining animal and plant nature, wholesale and retail business, entered into a waste disposal contract with the Defendants who jointly operate a sales brokerage business of livestock by-products (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
Article 2 (Term of Contract) The term of contract under this Agreement shall be from March 4, 2011 to March 3, 2013; provided, however, that the contract shall be extended in the absence of mutual agreement between the Plaintiff and the Defendants.
Article 3 (Contract Items and Quantity) The Defendants shall supply the Plaintiff with animal local aftermathing generated every day and shall exclude foreign substances, etc. which have no economic value for recycling.
Article 4 (Deposit) The deposit shall be KRW 300 million at the time of the completion of the contract, and shall be refunded to the plaintiff in full at the time of the completion of the transaction
The Plaintiff, upon the request of the Defendants, remitted each of the KRW 100 million to C on January 19, 201, KRW 100 million on February 16, 201, and KRW 100 million on March 4, 2011 to Defendant B as security deposit money under the instant contract.
From the conclusion of the instant contract to July 2013, the Defendants failed to perform their duty to supply animal following the instant contract. On July 31, 2013, the Plaintiff sent to the Defendants a content-certified mail that terminates the instant contract and seeks the return of the deposit.
Judgment
According to the above facts of recognition, the instant contract was terminated on August 31, 2013, after the lapse of the extended period from the time the Plaintiff’s declaration of termination was delivered as of July 31, 2013 due to the Defendants’ nonperformance. Thus, the Defendants are obligated to return deposit KRW 300 million to the Plaintiff pursuant to Article 4 of the instant contract, and the partnership’s obligation is a commercial activity for all its members.