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1. The Defendants jointly share KRW 104,794,140 to the Plaintiff and Defendant A with respect thereto from December 5, 2014, and Defendant B.
Reasons
1. Determination as to the claim against the defendant B
(a)as shown in the reasons for the attachment of the claim;
(other than parts for Defendant A). (b)
Article 208 (3) 2 of the Civil Procedure Act provides for a judgment based on the deeming of confession.
2. Determination as to the claim against Defendant A
A. The following facts after the conclusion of a goodwill agreement may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of the pleadings as set out in Gap evidence 1 and 4 (including a serial number).
1) On June 12, 2013, the Plaintiff: (a) between Defendant A and Defendant A; (b) the Plaintiff secured and managed credit card member stores to enable the Plaintiff to engage in transactions providing credit card services, such as approval of credit card transactions; and (c) the Plaintiff entered into a contract with the Defendant A to pay fees to the Plaintiff (hereinafter “first business license agreement”); (d) according to the first business license agreement, the Plaintiff provided the Defendant A with equipment equivalent to KRW 180 million used for the services, such as approval of credit card transactions, and paid the agreed fees; and (e) the Defendant A installed the said equipment at the member stores so that the Plaintiff may engage in transactions, such as approval of credit card transactions, at least 10,000 cases each month from October 2013 to September 2016; and (e) if the number of Defendant A fails to meet the agreement, the Plaintiff appears to have referred to as the “amount of damages” of KRW 80 per case.
(2) On October 28, 2013, the Plaintiff and the Defendants drafted a written agreement under which Defendant A succeeds to all the rights and obligations of Defendant A under the first goodwill agreement (hereinafter referred to as “the succession agreement”) on the ground that Defendant B’s consolidation of the business of Defendant A was made on the grounds that the contract is terminated or terminated in the middle of the contract. The Plaintiff and the Defendants may request the Plaintiff to provide security regarding the first goodwill agreement.
(2) the same day;