1. The Defendants jointly and severally liable to the Plaintiff KRW 210,00,000 and Defendant B with respect thereto from June 2, 2018, and Defendant C with respect thereto.

1. Determination on the cause of the claim

A. The following facts are either disputed or acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 and 10.

1) On January 16, 2018, the Plaintiff: (a) from Defendant B on January 16, 2018, Defendant B leased a hot water supply room among the second floor E and third floor F Coina, Nam-gu Incheon Metropolitan City D ground buildings; (b) provided the following services; and (c) paid KRW 150 million as security deposit (hereinafter “instant contract”).

(2) As a special agreement, the Plaintiff and the Defendants set the scheduled date of opening as of February 28, 2018, and when the Plaintiff and the Defendants delayed opening due to the cause of the lessor’s delay in construction work, etc., the lessor would reimburse the amount that the lessee paid as the amount of damages. ② To refund the Plaintiff’s deposit, the lessor set the right to collateral security at KRW 195 million of the maximum debt amount, which the lessee was the mortgagee of the Seongdong-gu G land and building on the land and the ground of the land in the Chang-gu Seoul Special Metropolitan City.

3) The Plaintiff paid the Defendants a total of KRW 15 million out of the deposit. On the other hand, the Defendants did not create the right to collateral security to guarantee the return of the Plaintiff’s deposit, and did not commence the business until April 15, 2018. The Plaintiff sent a written notice to Defendant B, on April 17, 2018, demanding the termination of the contract and the return of the deposit due to delay in performance, and the said written notice reached Defendant B on April 18, 2018. (b) According to the above facts of recognition, the Defendants were obligated to start the operation of the instant contract and make the Plaintiff perform the service in the soft room by February 28, 2018. However, the Plaintiff may seek restitution and compensation for damages, barring any special circumstances.

2. As seen earlier, the Defendants are released from the Plaintiffs’ delay of performance.