Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 3,297,910 and 5% per annum from May 19, 2018 to February 2, 2021.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants’ economic activities 1) link a large number of card companies to a chain store and provide card inquiries and additional services on behalf of the card company, and the credit card network network operators (one name VN company), who engage in the business of selling, lending, etc. credit card terminals (hereinafter “short term company”). Defendant B is a subordinate VN company in transaction with E, F, G, etc., which is in the name of “I” in Geumcheon-gu Seoul Metropolitan Government H, and engages in the business of soliciting VN franchise stores on behalf of others, and connecting a chain store with a superior VN company. Defendant C is a company established on January 12, 2016 and engaged in the same business as the above “I” (hereinafter referred to as “Defendant C”)’s representative without distinction between Defendant B and Defendant C, and Defendant C is a director of the company.
B. From April 7, 2015 to September 23, 2015, Defendant B entered into a contract with the Plaintiff for a project agreement stipulating the agency recruitment business of member stores and the conditions attached thereto on five occasions (Defendant D guaranteed the Defendant B’s obligation). The main contents of each contract are almost similar, and instead, the following are the following (i) “A” means the Plaintiff; “B” means the Defendant; “B” means the name of each item of the contract means the first contract; and the name of each item of the contract shall be based on the first contract); and (ii) the contract conditions are maintained, such as the number of cards obtained on a certain number of occasions each month and the number of copies of approval for the contract (Article 2.2) for penalty for breach of contract during the period of maintaining the contract period (Article 2.2.2), the penalty for breach of contract may be imposed on the Party B in accordance with the method set forth by the Party A and the agency “A” may be set off against Party A’s penalty for breach of contract: