채무부존재확인
1. The Defendant (Counterclaim Plaintiff) receives KRW 60,801,220 from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. From July 2010, the Plaintiff: (a) from the business entity of mother C, operated the PC room in the name of the EPC room (hereinafter “the instant PC room”); (b) on July 3, 2012, the Plaintiff entered into a lease agreement with the Plaintiff and C, setting the lease period from July 5, 2012 to July 4, 2013, with respect to the building where the instant PC room is located; and (c) on September 20, 2012, the Plaintiff changed the registration of the business entity under its own name.
B. Meanwhile, the Defendant from April 2012 to the following point.
The Plaintiff paid KRW 28,00,000 to the Plaintiff for the operation of the instant PC, and disbursed KRW 11,00,000 for the sales chair, from April 2012 to the Defendant transferred possession from the Plaintiff and operated the instant PC. As such, on October 1, 2012, the Plaintiff and the Defendant settled the amount that the Defendant paid to the Plaintiff for the operation of the instant PC at KRW 50,000,000, and on the same day, on the same day, the Plaintiff prepared a loan certificate (hereinafter referred to as “the loan certificate of this case”).
C. On October 5, 2012, the Plaintiff entered into a partnership agreement with the Defendant with respect to the operation of the instant PC (hereinafter “instant partnership agreement”).
The term of contract: Article 1 (Investment Obligations of the Plaintiff and the Defendant) of the Plaintiff from October 5, 2012 to October 4, 2014 (Investment Obligations of the Plaintiff and the Defendant) opens the instant PC on October 5, 2012, and the Defendant is obliged to operate the PC.
Article 2 (The plaintiff and the defendant's Existing Property) The plaintiff has all the ownership of the PC in this case.
Article 3 (Opening of Sales Tickets) The Plaintiff and the Defendant opened the sales passbook, and the Defendant shall manage the total income and total expenditure in management by the Defendant, and in any case, shall not be privately useful for any case without mutual agreement.
The defendant's ordinary business administration expenses, game expenses.