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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 306,856,986 and the interest rate thereon from February 19, 2016 to the date of full payment.
Reasons
In light of the above legal principles, the court below erred by misapprehending the legal principles as to the defendant's ground of appeal, as otherwise alleged in the ground of appeal.
② When the sales goal of Defendant A’s fee is below the sales target, the Plaintiff shall claim the amount below the sales target, and the Defendant A shall pay the amount to the Plaintiff.
F) The period of business assistance shall be set on a monthly basis and deposited into the account of a commercial bank designated within 15 days after the last day of each month. However, in the event that there is any outstanding amount in connection with the sales generated by the Defendant A, the Plaintiff may withhold the payment of the fee. The provisions on liability for and exemption from liability for an accident under Article 9 (Operation of Vehicles) (C) shall be dealt with as follows, and the Defendant A shall be liable for the portion incurred during
(2) Where any loss of his/her own vehicle occurs in the course of operating his/her vehicle, the defendant A shall bear the self-paid amount of KRW 300,000 and the leave of absence (day rental fee* the number of days of leave of absence *50%) per case of each motor vehicle.
However, in any of the following cases, Defendant A shall be responsible for the occurrence of a penalty: ① Defendant A shall be responsible for all kinds of penalties incurred during the operation of the vehicle during the management of the vehicle by Defendant A while taking charge of the vehicle; and the Plaintiff and Defendant A shall be liable even after they have returned the vehicle upon the termination of this contract. (1) On January 1, 2015, the Plaintiff and Defendant A entered into a contract for vehicle operation and business support (hereinafter referred to as “instant contract”) with respect to the vehicles owned by the Plaintiff, setting the contract term from January 1, 2015 to December 31, 2015 (in the absence of separate intent, on the same condition), with the same condition as the contract term is extended, from January 1, 2015 to December 31, 2015 (in the absence of separate intent, on the same condition).
The main contents of the above contract are as follows:
2 Defendant B shall on January 1, 2015.