추심금
1. The Defendant (Counterclaim Plaintiff) paid KRW 5,000,000 to the Plaintiff (Counterclaim Defendant) and its amount from January 6, 2015 to October 8, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 22, 2011, the Defendant, C, and D issued a promissory note with the face value of KRW 300,000,000 at sight, and the due date for payment with E as the addressee. On the same day, the said promissory note No. 144 (hereinafter “notarial deed”) was written by a notary public on the same day.
B. On July 4, 2011, the Plaintiff remitted KRW 30,000,00 to the Defendant’s account. On the same day, the Defendant issued a promissory note with the Plaintiff as the addressee on July 4, 201, whose par value is KRW 30,00,000, and the due date on January 30, 201, and issued a receipt that the Plaintiff received the amount under the Defendant’s name, respectively.
C. On August 30, 201, the Defendant: (a) promoted the business activities of the commercial partnership related to the site for livelihood countermeasures (hereinafter “SH”); (b) issued two copies of each tax invoice stating each of the amount of KRW 4,100,000 for H and supply value (each value-added tax amount of KRW 410,000 for each value-added tax) by the owner of the F building 4 and 5th floor (the office of the association).
On October 18, 201, the Defendant issued a promissory note with the face value of 47,00,000,000 won at par value and the blank space for the due date. The Defendant, under the name of the Defendant, prepared a certificate of use of funds and a certificate of loan stating that “The amount of money to be paid was deposited to B association head, the amount of money to be paid out, the amount of which is excluding the acceptance money: the daily payment was used by the 5th century association, and the amount is returned at the request of A which is the depositee, and the above amount is returned.”
E. On September 2012, the Defendant paid KRW 28,000,000 to the Plaintiff, and KRW 50,000,000 on September 25, 2012. Upon termination of the Defendant’s office lease agreement, KRW 22,00,000 out of the lease deposit was paid to the Plaintiff on behalf of the JJ case designated by the Plaintiff.
F. The Plaintiff against E is the Seoul High Court of this Court No. 2011Gahap15504.