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1. The Defendant’s KRW 329,686,50 for the Plaintiff and KRW 5% per annum from June 16, 2015 to August 28, 2015.
Reasons
1. Basic facts
A. (1) On March 7, 2014, the Plaintiff entered into a contract for the lease and operation of trading conduits (area approximately KRW 700 square meters) within D (hereinafter “instant operating contract”) from the Defendant operating the Do (Damsan Shipping Daegu E-Swa and restaurant), and the main contents thereof are as follows.
Article 2 (Term of Contract) The term of this Agreement shall be from March 7, 2014 to March 6, 2016.
Article 3 (Deposit for Performance of Contract) (1) The Plaintiff shall pay a performance bond of KRW 300 million to the Defendant. (2) On March 7, 2014, KRW 100 million, KRW 100 million, KRW 500,000,000,000 from May 2, 2014 to December 2014, KRW 50,000,000,000 from January 1, 2015 to the expiration of the contract. (2) The Plaintiff paid the performance bond of KRW 30,000,000,000 to the Defendant under the instant operational contract.
(3) On May 14, 2014, the Defendant agreed to complete the instant operation contract so that the Plaintiff may operate the trading hole from that time to that time.
B. (1) On November 2014, the Defendant notified the Plaintiff that it was impossible to complete the construction of the wabing facility among the patrolmen, while notifying the Plaintiff that the date of completion of the construction of the wabing facility was extended by October 2014.
Accordingly, the Plaintiff terminated the instant operational contract on the grounds of the Defendant’s nonperformance of obligation.
(2) Meanwhile, under the premise that the Plaintiff is able to engage in the crowdfunding business from May 14, 2014, the Plaintiff entered into a contract for the use of crowdfunding with F, a customer, to enter into a contract for the use of crowdfunding from May 14, 2014, including a total of 62 cases, and a total of 289 million won until October 2014. Each of the said contracts for the use of crowdfunding revoked the Defendant’s failure to pay the down payment, etc. to the customer by cancelling the Defendant’s failure to pay the down payment, etc.