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1. The Plaintiff:
A. Defendant B’s KRW 50,00,000 and for this, KRW 5% per annum from August 7, 2015 to March 11, 2016, and KRW 50,000.
Reasons
1. Indication of claim;
가. 원고는 2015. 6. 24. 피고 주식회사 C(이하 ‘피고 회사’라 한다) 대표이사 D과 사이에, 원고가 ‘E’ 축제에 참가하여 2015. 7. 5.부터 2015. 7. 27.까지 수영장 매점, 스낵 식당을 운영하는 내용의 계약(이하 ‘이 사건 E 식당계약’이라 한다)을 체결한 후 피고 회사에게 보증금 3,000만 원을 지급하였다.
The plaintiff was engaged in restaurant business according to the above E restaurant contract, but a considerable loss of business was incurred.
B. Defendant B, who is well aware of the fact that the Plaintiff was suffering from the business loss, was willing to obtain the amount equivalent to the deposit money for the restaurant business from the Plaintiff by taking advantage of the Plaintiff’s imminent circumstances, and promised on August 6, 2015 to return the deposit amount of KRW 30 million under the instant restaurant contract to the Plaintiff. On this occasion, Defendant B had the Plaintiff enter into a contract with the terms of operating the restaurant by participating in the “F EXPO” (hereinafter “instant restaurant contract”), and received the deposit amount of KRW 20 million from the Plaintiff in return.
After that, the Plaintiff demanded Defendant B to deliver a restaurant so that it can operate the restaurant according to the above restaurant contract, but Defendant B did not comply with this.
C. Around December 2015, Defendant B promised to return to the Plaintiff the total amount of KRW 50 million under the instant restaurant contract and each restaurant contract, and the Defendant Company promised to return the deposit amount of KRW 30 million under the instant restaurant contract, but the Defendants did not pay each of the said money until now.
Therefore, as to the Plaintiff, Defendant B’s total sum of each of the above deposits and the same, Defendant B’s company is jointly and severally with Defendant B to the delivery date of a copy of the instant complaint from August 7, 2015 to the date of delivery of a copy of the instant complaint, as sought by each of the Plaintiff.