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1. The Defendant (Counterclaim Plaintiff) C: (a) the Plaintiff (Counterclaim Defendant) KRW 37,442,105 and its amount from January 6, 2017 to August 17, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. In around 2015, Plaintiff A was awarded a contract for the rental of equipment and transport services in the E Construction Site (hereinafter “E Construction Site”) from the New World Construction Co., Ltd.
B. Thereafter, on March 1, 2016, Plaintiff A and Defendant C drafted a written agreement with the following content:
(hereinafter referred to as “instant agreement”). Objectives, the agreement dated March 1, 2016 (hereinafter referred to as “instant agreement”) is agreed upon by the Plaintiff A and the Defendant C (Defendant C) for smooth work on the E-site possessed by the sub-Si in Gyeonggi-do.
1. B (A) from March 1, 2016, to the F Company (C) a part of the business for which it had been held at the E site located in the Southern-si.
2. The F Company (C) will pay to B (A) KRW 15 million as of April 30, 2016 as of the end of each month.
- Payment Period from April 30, 2016 to August 30, 2016
Above 300 up to or up to 30
8. 30. - As for September, consultations shall be held later, on the basis of the on-site work conditions. 3. B (A) shall allocate to F Company (C) a share of the same business relationship between April 1, 2015 and February 29, 2016, 50 per cent (50%) the proceeds excluding the total expenditures from the total sales by April 30, 2016, respectively.
With respect to money received or payable.
4. B (A) shall settle accounts by April 30, 2016, and where no settlement has been made, it shall be deducted from the amount to be paid monthly (15 million won).
C. After formulating the instant agreement, Plaintiff A accepted the instant construction site, and Defendant D, the husband of Defendant C and Defendant C, performed the leasing and transportation of heavy equipment at the instant construction site.
In addition, from June 13, 2016, the Plaintiff again performed mid-term equipment leasing and transportation services at the construction site of this case.
Plaintiff
A is the representative director of the Plaintiff Company B (hereinafter referred to as the “Plaintiff Company”) and operates the Plaintiff Company under the trade name B.
And the defendants are married couple.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 9 (including paper numbers), the purport of the whole pleadings.