Text
1. The Defendants jointly and severally against the Plaintiff
(a) Defendant B and C with respect to KRW 140,00,000 and those related thereto shall be from May 9, 2014.
Reasons
1. Facts of recognition;
A. On April 5, 2014, the Plaintiff entered into a service contract with F and Echeon-si G, 3, and 4 to operate a bath business with a service deposit of KRW 200,000,000, and a service period of KRW 24 months from June 30, 2014.
At the time, the Defendants secured the performance of the above service contract.
B. Since then, the Plaintiff paid KRW 140,00,000 out of the service deposit to F in accordance with the above service contract, and F, Defendant B, and C, instead of preparing receipts, on May 13, 2014, a notary public drafted and issued to the Plaintiff a notarial deed of a monetary loan agreement with the amount of KRW 140,000,000 and interest rate of KRW 20% per annum with the amount of KRW 268 of the H deed 2014.
On the other hand, in order to secure the above 140,000,000 won, Defendant E also prepared, October 15, 2014, a promissory note No. 637 with par value of 140,000,000 won by a notary public as a law firm No. 637 of 2014.
C. However, as the F did not open public bath even after a considerable period of time from June 30, 2014 agreed upon by the F, the F and the Defendants agreed to refund KRW 140,000,000 to the Plaintiff jointly and severally, and to pay KRW 60,000,000 as damages.
[Reasons for Recognition] Defendant B and E: Confession (Article 150 of the Civil Procedure Act); Defendant C: A without dispute, Gap 1-4 evidence, the purport of the entire pleadings
2. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 200,000,000 and damages for delay.