손해배상(기)
1. The Plaintiff (Counterclaim Defendant) paid KRW 47,400,000 to the Defendant (Counterclaim Plaintiff) and its related amount from June 14, 2016 to November 15, 2018.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “C”)
D Co., Ltd. (hereinafter “D”) on April 23, 2014
(2) On December 3, 2014, C concluded the following agreements (hereinafter “instant agreement”) with respect to the settlement of the price for the construction work and the amount of the loan extended to D, and as follows: (a) on May 1, 2014, the date of commencement, and October 31, 2014; (b) on December 3, 2014, C terminated the contract with D; and (c) drafted the following agreements with respect to the settlement of the payment for the construction work and the amount of the loan extended to D:
1. From September 2013 to July 2014, 2014, D’s total amount lent to C is 234,000,000 won.
2. Compensation for damages sustained D due to the discontinuance of construction, and C shall be paid 150,000,000 won.
3.The date and amount of the loan and damages due to C to be paid to D shall be as follows:
1) 60,000,000 won for the previous payment, and the date the previous payment is completed: 70,000,000 won for the first payment, and the first payment: 30,000 won for the second payment: 100,000 won for the second payment, and 3, 2015 for the second payment: 154,000,000 won for the second payment, and 31, 2015 for the third payment: 154,00,000 won for the third payment, and 35,00,000 won for the third payment: May 15, 2015 for the third payment, C shall deduct 35,00,000 won for D (tax seized in the name of Gangseo-gu Busan Metropolitan City) and shall pay 19,000,000 won for D.
3) C paid D KRW 175,00,000,000 in total as the repayment of debt under the instant agreement, KRW 30,000 on February 10, 2015, KRW 20,000 on March 18, 2015, KRW 100,000 on April 2015, and KRW 25,000,000 on November 16, 2015 (i.e., KRW 15,00,000 on KRW 10,000 on KRW 10,000 on KRW 10,000 on October 16, 2016, D transferred the credit under the instant agreement to the Defendant on February 16, 2016, and notified C of the assignment of credit. < Amended by Act No. 150, Mar. 16, 2016>
B. On April 12, 2016, the Defendant filed a lawsuit against C on April 12, 2016, seeking payment of KRW 114,00,000 from the Busan District Court’s East Branch Branch (2016da5063).
On May 30, 2017, the above court rendered a judgment that fully accepts the defendant's claim.