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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 340,000,000 and the interest rate thereon from October 24, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. (1) On August 21, 2012, the Plaintiff entered into a sales agency contract with C Co., Ltd. (hereinafter “C”) under which the Plaintiff would act on behalf of the Plaintiff with respect to the instant sales agency (hereinafter “instant sales agency contract”) with respect to the D stores and Urban Residential Housing Development Project (hereinafter “instant development project”).
(2) In the above sales agency contract, where the plaintiff fails to conduct the sales agency business within four months after the conclusion of the sales agency contract of this case, C shall pay to the plaintiff the amount of KRW 10 million per month as separate operating expenses.
(Provisions 2) (3) Defendant B jointly and severally guaranteed the obligation of the Plaintiff under the instant parcelling-out agency contract.
B. After the conclusion of the instant sales agency contract by succession to the status of the executor of the instant development project, the executor of the instant development project changed to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the Defendant Co., Ltd succeeded to the status according to the sales agency contract of the instant sales agency contract of the Plaintiff Co.
C. (1) The Defendant Company entered into an agreement with the Plaintiff on February 3, 2014 that, when the instant development project was delayed for a considerable period of time due to the cause attributable to the change of the event and the executor of the event in connection with the instant parcelling-out agency contract, the Defendant Company is liable for the Plaintiff to commence the sales agency business from April 1, 2014. Under the terms and conditions of the instant parcelling-out agency contract, the Defendant Company was to pay the Plaintiff an office operating expenses and delayed compensation amounting to KRW 10 million per month from December 2, 2012 to the Plaintiff from March 31, 2014, but is unpaid until now (hereinafter “instant agreement”).
(2) Defendant B is subject to the instant agreement.