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1. The Defendant (Counterclaim Plaintiff) paid KRW 31,750,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 23, 2014 to April 16, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. Upon receipt of a proposal from the Defendant, which became aware of D’s introduction, to request the Defendant to make an investment in the Defendant’s fishing vessel fisheries at the end of December 2012, 2012, the Plaintiff asserted that: (a) KRW 150 million was transferred to the Defendant’s account under the Defendant’s name on January 21, 2013; (b) KRW 150 million on February 28, 2013; and (c) KRW 360 million on March 4, 2013; and (d) KRW 10 million on March 4, 2013; (b) the Defendant asserted that the Plaintiff’s investment amount was KRW 350,000,000,000, excluding KRW 10 million on March 4, 2013; (c) according to the Plaintiff’s written evidence No. 9, the Plaintiff may also recognize the fact that the Plaintiff transferred the amount of KRW 10 million on March 4, 2013.
(2) The right to collateral security was established in order to secure the return of the investment amount.
B. After that, when a dispute arises between the plaintiff and the defendant on the distribution of profits, the plaintiff demanded the defendant to return the investment amount and settle the profits, and the defendant returned KRW 100 million out of the investment amount to the plaintiff on September 10, 2013.
Then, the Defendant transferred KRW 20 million to the Plaintiff via E’s account on June 10, 2013. However, in light of the fact that the Plaintiff returned KRW 20 million to the Defendant on July 9, 2013 (Evidence A9), following the month of the Plaintiff, the said KRW 20 million appears to be separate money from the investment amount.
C. After November 18, 2013, the Plaintiff filed a lawsuit against the Defendant for payment of the unclaimed amount of KRW 260 million in total, and KRW 180 million in total, KRW 368 million in earnings distribution, with the Plaintiff as of November 18, 2013, the lower court paid KRW 80 million in total to the Plaintiff as D’s arbitration on December 24, 2013, and paid KRW 160 million among them to the Plaintiff by December 27, 2013, and the remainder of KRW 80 million in interest payment shall be paid by May 30, 2014. ② Defendant’s share of KRW 30 million in return for payment to the Plaintiff out of the total amount of KRW 30 million in the preceding year of 2014.