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1. The Defendants shall jointly and severally serve as KRW 100,000,000 on the Plaintiff and as a result, from July 26, 2017 to September 26, 2017.
Reasons
1. Facts of recognition;
A. On January 5, 2016, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a consignment agency contract (hereinafter “instant contract”) with the following content, and Defendant C jointly and severally guaranteed the Defendant Company’s obligations.
Article 1 (Period of Contract) (1) Contract: From January 5, 2016 to January 4, 2019 (3) (2) The contract period of the Defendant Company’s right to operate its store shall be terminated even when the contract period expires, and the contract period may be extended upon an agreement between the parties concerned.
Article 2 (Deposit) (1) The Plaintiff shall deposit the daily amount of KRW 100 million with the entrusted agency deposit for the Defendant Company on January 5, 2016.
② The above deposit deposited by the Plaintiff shall be fully refunded to the Plaintiff upon the termination of this contract by the Defendant Company.
Article 3 (Revenue) (1) The Defendant Company shall bear the rent of this store, operate it under the former responsibility of the Defendant Company, and shall pay the KRW KRW 3 million as the net profit of each month to the Plaintiff on the fifth day of each following month.
In any of the following cases, the plaintiff and the defendant may terminate the contract:
(1) In the event that the contract is terminated due to the expiration of the contract period, termination of the contract, termination of the contract, or any other cause, at least three times per annum due to the lack of store management and business ability of the defendant company, the defendant company shall, without delay, order the plaintiff to do so.
② The Plaintiff shall immediately refund the unpaid balance of the deposit deposited by the Defendant Company to the Defendant Company in the name city of the store name to the Plaintiff.
Provided, That in such cases, if the amount of unpaid settlement, such as fees and management expenses, shall be refunded after deduction.
B. On January 5, 2016, the Plaintiff paid KRW 100,000,000 to the Defendant Company, pursuant to the instant contract.
C. The Defendant Company only paid to the Plaintiff the proceeds from July 2016 following the conclusion of the instant contract, and the Plaintiff paid the original of the payment order as of September 19, 2016 and the original of the payment order as of July 13, 2017.