양수금
1. The Defendant (Counterclaim Plaintiff) paid KRW 36,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from September 8, 2018 to May 31, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts recognized;
A. C and D established the Defendant, a company conducting the business of leasing land and marine construction equipment jointly in around 2013, and C are responsible for the business, and D purchased marine equipment, and E Co., Ltd (hereinafter “E”) agreed to lease necessary vessels to E with respect to construction works conducted in Vietnam F.
Accordingly, C and D's ASEAN were issued 500 shares as the defendant's promoters, and completed the registration of incorporation of the defendant on February 26, 2013, and C became the defendant's internal directors and G became the representative director of the defendant.
B. C entered into a vessel lease agreement between the Defendant and E, and the Defendant entered into a lease agreement between the Defendant and E on March 2013, under which the Defendant entered into a lease agreement between the Defendant and E, setting the lease agreement between the Defendant as KRW 29 million per month of the rent and KRW 28 months from the starting date of the lease period, and i (960HP) Yang Burialship (hereinafter “I”) around April 2013, with the rent of KRW 333 million per month and the rental period of KRW 24 months from the starting date of the lease period.
C. D on May 4, 2013, representing C and the Defendant, made an agreement with the following content (hereinafter “instant agreement”).
D and C agree to put rental equipment into the Vietnam site of E (State). D and C mutually agree to set up B (Defendant) on the condition that D will fully assume responsibility for the equipment to be put into the business, but the shares of the company shall be 50:50 of D’s ASEAN and C, while carrying out the business, set up a written agreement as follows.
1. The defendant shall pay 600,000 won per month to C for each of the rent generated during the period of leasing Y (600H) and I (960HP) to the field E (ju) Vietnam, with the amount of KRW 3 million per month, respectively.
2. C relates to the input of additional equipment other than the Defendant’s management H and I.