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1. The Defendants jointly and severally liable to the Plaintiff KRW 50,000,000 and Defendant B with respect thereto from February 16, 2017, and Defendant C with respect to the said amount.
Reasons
1. Facts of recognition;
A. On August 27, 2015, the Plaintiff and Defendant C agreed to operate a coffee store on the fourth floor of the Daejeon-gu D building for one year from September 1, 2015.
B. Around that time, the Plaintiff paid KRW 50,000,000 to Defendant C as a security deposit for the said coffee sales store, and the Defendant C agreed to return KRW 50,000,000 to the Plaintiff upon the completion of the said business.
C. Meanwhile, in order to secure the return of KRW 50,00,000 to the Plaintiff, Defendant B and Defendant C, the spouse of Defendant C, as the obligor, prepared a loan deposit certificate with Defendant C as the joint guarantor. As to the building owned by the Defendant B (Seoul Dong-gu D building 407, No. 408), the registration of creation of collateral security at KRW 50,000 with regard to the mortgagee, the obligor, the obligor, and the maximum debt amount at KRW 50,000 was completed.
On August 31, 2016, the Plaintiff demanded the Defendants to return the deposit amount of KRW 50,000,000 due to the termination of the period of operation.
[Reasons for Recognition] The facts of deemed confessions, Gap 1 through 4, Eul 5-1, Eul 2, and the purport of the whole pleadings as to defendant B
2. According to the facts found above, upon the termination of the period of partnership with the Plaintiff and the Defendant C, the Defendants agreed to jointly and severally return deposit of KRW 50,000,000 to the Plaintiff. Since the period of partnership expires, the Defendants jointly and severally liable to pay to the Plaintiff KRW 50,00,000 and the amount of delay damages calculated at the rate of KRW 15% per annum from February 16, 2017 following the day when the instant complaint was served to the Defendant B, and Defendant C is liable to pay to the Plaintiff delay damages calculated at the rate of KRW 5,00 per annum from March 8, 2017 to the day of full payment, from March 8, 2017 to the day of full payment.
3. Conclusion, the plaintiff's claim of this case is accepted on the ground of the reasons.