물품대금
1. The Plaintiff (Counterclaim Defendant) paid a gold of KRW 14,751,871 to the Defendant (Counterclaim Plaintiff) and its related thereto from July 30, 2015 to May 19, 2016.
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. On February 27, 2013, Nonparty C Co., Ltd. (hereinafter “C”) concluded a contract for the entrusted operation of a store within the premises (hereinafter “D store”) between Gyeonggi-do and its affiliated government offices or public enterprises, under which the local government, etc. performs the business of operating the store by receiving a bid for the sales right within the premises within the building located within the government offices or public enterprises under its control, and entered into an agreement for the entrusted operation of a store within the premises (hereinafter “E store”). < Amended by Presidential Decree No. 23203, Mar. 2, 2011>
B. On May 12, 2011, the Defendant entered into an agreement with C on May 12, 201, under which the Defendant invested KRW 300 million and KRW 150 million in relation to the operation of D points and E points, and the Defendant would pay dividends according to the store’s operating profits.
C. At the middle of 2013, D points and E points began to be operated by the Defendant as the owner of D points and E points by changing the content of the contract to the effect that the Defendant, in order to recover the profits from D points and E points under a re-entrusted operation of D points and E points from C in order to collect the profits.
However, creditors of C were not able to engage in normal business on the wind of seizure of credit card payment claims in the name of C arising from D and E sales.
On April 2013, the Plaintiff entered into a contract with C to supply goods to each shop managed by the entrusted operation of C. However, the Plaintiff failed to recover the price for the goods due to the foregoing cause and failed to recover the claim against C arising from other monetary transaction relations, thereby making it difficult for C to compensate for the loss of the entrusted operation of the store.
E. Accordingly, between C and December 17, 2013, the Plaintiff has the right to operate a store in a government office or public corporation building affiliated with a local government to the Plaintiff.