대여금
1. The Defendant (Counterclaim Plaintiff) paid KRW 13,512,500 to the Plaintiff (Counterclaim Defendant) and its related amount from October 12, 2016 to August 29, 2017.
A principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Facts of recognition;
A. The Defendant is a company engaging in multi-level marketing business, communications business, etc., and the Plaintiff was registered as a member from November 19, 2015 and was engaged in business activities as a business entity.
B. On February 23, 2016, the Defendant borrowed KRW 250,000,000 from the Plaintiff. Of them, the Defendant agreed to pay each of the KRW 100,000 up to June 30, 2016, and the remainder of KRW 150,000 up until July 30, 2016.
(A) No. 2, hereinafter referred to as “this case’s monetary loan agreement”).
On June 27, 2016, the Plaintiff prepared a written agreement (Evidence A 3; hereinafter “instant agreement”) with the Defendant as follows and commenced its business. From June 27, 2016, the Plaintiff began its business: < Amended by Presidential Decree No. 27509, Jun. 27, 2016>
7. Until December 28, 200, the sales amount of KRW 502,848,000 was achieved from Arara and BRa who directly operated by the Plaintiff. The sales amount of KRW 47,800,000 (the value of the goods to be calculated in the allowances out of the sales amount) set out in the above agreement is KRW 242,450,00 for Ra and B.
We agree to pay to the Plaintiff 50 million won or more per month the sales of which are directly operated by the Plaintiff 5% compared to the amount of sales of the PV under the direct operation of the Plaintiff, and set forth the scope of beneficiaries as the subject of the Defendant’s business activities.
Consideration for performance shall be excluded from natural disasters, force majeure situations, etc. at the time of performance delivery.
In the event of the return of goods among its affiliated members, including the plaintiff, it shall settle the price paid to the plaintiff for the return in question and return it to us.
(A) The term of validity of this Arrangement shall be one year from the date of the Arrangement, and shall be automatically extended one year if both parties do not have any disagreement in writing not later than one month before the expiry of the Arrangement.
The Defendant repaid each of the Plaintiff KRW 126,000,000, KRW 30,000 on July 1, 2016, and KRW 30,000 on July 15, 2016, KRW 30,000 on July 20, 2016, and KRW 25,000 on August 25, 2016, respectively.
[Ground of Recognition] Facts without dispute, entry of Gap 1 to 6 evidence (including each number, hereinafter the same shall apply) and arguments.