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1. The Defendants are jointly and severally liable to Plaintiff A for KRW 37,293,608 and Defendant C with respect thereto from August 18, 2018, and Defendant D with respect thereto.
Reasons
1. Facts of recognition;
A. Plaintiff A is a person who operates an individual place of business, such as E and F, engaged in restaurant business, such as entrusted meal service, and Plaintiff B Co., Ltd. (hereinafter “Plaintiff Company”) is a company that operates group meal service business, food service business, and food service business.
B. On June 2015, Plaintiff A entered into an agreement with H (hereinafter “H”) on the operation of an on-site restaurant (hereinafter “instant operating agreement”) with the content that Plaintiff A would operate a restaurant within the construction site of I and J B B block (hereinafter “instant 1 restaurant”) exclusively for the operation of a restaurant within the construction site of I and J B block (hereinafter “instant 2 restaurant”).
C. The land use fee to be paid by the Plaintiff A to H is KRW 209,00,000 (including value-added tax; hereinafter the same shall apply) under the instant operational contract. Article 4 (Use Fee and Food Unit) of the instant operational contract provides that Plaintiff A shall deposit the land use fee and the price for the operation of the exclusive restaurant during the restaurant operation period under Article 3 with H not later than July 1, 2015, KRW 200,000 (62,70,000,000) out of the price for the site use fee and the price for the operation of the exclusive restaurant (209,000,000 won) during the restaurant operation period under Article 3, and shall deposit the securities with H on or before June 30, 2016, KRW 30,000,0000 (62,70,0000,000 won) per deposit within 30,000 won (30,000,000 won).
Tax invoices for site usage fees shall be issued as of the above payment date.
(hereinafter omitted) Of them, the site usage fee for the first restaurant of this case is KRW 121,00,000, and the site usage fee for the second restaurant of this case is KRW 88,000,00.
The Defendants entered into a partnership agreement on the operation of the first restaurant of this case with Plaintiff A, and the Defendants entered into the name of Plaintiff A (F).