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1. The Defendants are jointly and severally liable to the Plaintiff for 54,928,728 won and 5% per annum from March 18, 2015 to September 22, 2015.
Reasons
1. Basic facts
A. On October 1, 2010, the Plaintiff Company (hereinafter “Plaintiff Company”) entered into a fee payment contract (hereinafter “instant contract”) with the content that, if the Plaintiff Company supplied gas to Defendant A, the Plaintiff Company sold it and received remuneration from the Plaintiff Company according to sales volume, and Defendant A’s wife guaranteed the implementation of the instant contract.
B. From Oct. 1, 2010 to Oct. 1, 2010, Defendant A sold gas supplied by the Plaintiff Company in accordance with the instant contract using a vehicle owned by the Plaintiff to the transaction partner in Taean-gun, Taean-gun, the Plaintiff sold the gas to the Plaintiff Company, and the sales amount was deposited into the Plaintiff Company from time to time, and
C. However, Defendant A’s use of part of the gas price collected from the U.S. on the date and before, without depositing it into the Plaintiff Company.
Plaintiff
On June 16, 201, Defendant A prepared a confirmation document recognizing that the Plaintiff Company did not deposit the gas price of KRW 65 million with the Plaintiff Company. ② On January 10, 2012, upon cancelling the instant contract, Defendant A signed a confirmation document confirming that the transaction partner and facility container were transferred to the Plaintiff Company. ③ On March 20, 2012, Defendant A signed the confirmation document confirming that the attempted amount with respect to the Plaintiff Company is KRW 70,225,73.
From June 22, 2012 after the termination of the instant contract, Defendant A established a gas retail business establishment in the name of Nonparty D in the name of the Defendants, and employed Nonparty E, etc., in order to operate the business.
E. On the other hand, around September 2, 2010, Plaintiff Company entered into a lease agreement with the Defendants regarding the rental period for the facilities and commercial buildings located in the Seosan City F, by September 1, 201, and the rent of KRW 200,000 per month. The Defendants did not pay the Plaintiff a total of KRW 3.8 million by April 30, 2012.
[Ground of recognition] Unsatisfy, A No. 1.