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1. Defendant B Co., Ltd.: (a) KRW 30 million and the Plaintiff’s 20% per annum from April 29, 2015 to September 30, 2015; and (b).
Reasons
1. Claim against Defendant B
A. The Plaintiff’s right to claim for the return of the remainder of lease deposit for reasons that the lease contract was concluded between April 1, 2014 and April 3, 2017 with respect to E stores in Defendant B and subway No. 2; and the lease contract concluded between April 1, 2014 and June 2014.
(b) Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act.
2. Claim against Defendant C
A. The Plaintiff asserted that, upon the introduction of the F, Defendant C, the representative director of Defendant C, the Defendant C, was to distribute the amount of deposit KRW 40 million, monthly rent of KRW 3.5 million, profits to Defendant C40%, and Plaintiff 60%, and pay the deposit.
However, when the above profits of the store are less than the defendants' explanation, the defendants would have the plaintiff operate another store, and the plaintiff delivered the D Station E to the defendant C.
However, the Defendants introduced other stores and requested the payment of the additional lease deposit, and the Plaintiff rejected it and agreed to enter into a lease agreement with Defendant B, and Defendant C promised to return the lease deposit to the Plaintiff.
Nevertheless, Defendant C returned KRW 10 million to a third party without returning the remaining money, and there was no contact between Defendant C and the third party.
Defendant C has agreed to return the deposit to the Plaintiff and thus, it is obligated to return the deposit amount of KRW 30 million remaining in accordance with such agreement.
B. In light of the fact that Defendant C was the representative director of Defendant B by December 2014, it is insufficient to recognize that Defendant C promised to return the lease deposit to the Plaintiff individually, separate from Defendant C, even if based on all evidence submitted by the Plaintiff, including a record of recording, and there is no other evidence to acknowledge otherwise.
(c) conclusion.