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1. The Defendants jointly share KRW 72,000,000 to the Plaintiff and Defendant B and C with respect thereto from January 16, 2018.
Reasons
1. Basic facts
A. Defendant B Co., Ltd (hereinafter “Defendant Co., Ltd”) was established on September 28, 2016 for the purpose of manufacturing and wholesale and retailing household goods and miscellaneous goods with the business mark “E”.
Defendant C is working as the representative director of the Defendant Company since its incorporation.
B. On November 10, 2016, the Plaintiff entered into a facility contract with F Co., Ltd. and Musan Stores Store Chain Store (hereinafter “instant franchise store”) with the contract amount of KRW 63,00,000,00 with respect to the facility construction (hereinafter “the Telecommunications Corporation”).
The Plaintiff paid KRW 33,00,000,000 on November 1, 2016, and KRW 10,000,000 on November 30, 2016, and KRW 20,000 on December 2, 2016 to the F Co., Ltd.
C. On December 6, 2016, the Plaintiff registered its business as “H points and I points” on the location of the window G of Changwon-si.
On December 19, 2016, the Defendant Company first registered the franchise disclosure statement under the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”).
According to this information disclosure statement, the financial statements of the defendant company were not prepared in 2016, and assets are 140,090,000 won for assets, 30,201,000 won for liabilities, 109,889,000 won for capital, and 71,12,000 won for sales.
E. On December 17, 2016, the Plaintiff paid KRW 3,150,000,00 to J, for each of the costs, such as the SOS computer, and KRW 286,000,000, for the 29th day of the same month, for the Pouse (POS), for the signboards of the instant franchise store to K on January 2, 2017, for KRW 3,800,000, for the signboards of the instant franchise store, and for the Defendant Company on December 10, 2016, respectively.
In addition, on March 16, 2017, the Plaintiff spent KRW 1,400,000 at the cost of resumption (former Complex 850,000, showroom 550,000).
On December 6, 2016, the Plaintiff paid KRW 36,00,000,00 as the price for the goods to the Defendant Company, and KRW 18,438,782 (price for New Fice Goods) on January 20, 2017, and KRW 7,359,391, and KRW 398,255 on October 24, 2017, respectively.
F. Defendant Company: (a) January 19, 2017.