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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) shall be 34,943.
Reasons
1. Basic facts
A. The Plaintiff operated the hospital interior business, etc., and the Defendant operated the indoor decoration and furniture design business. From September 2014 to September 2014, the Plaintiff and the Defendant, upon the Plaintiff’s request of the Defendant from around December 2014 due to bad credit standing, performed hospital interior work, etc. by using the business registration of the Defendant’s business chain in the name of the Defendant.
B. The Plaintiff, while carrying out the Rotterdam Corporation, managed the deposit and withdrawal of the construction cost, expenses, etc. using a bank account in the name of the Defendant and a bank account in the name of the Defendant. From December 2, 2014 to October 2015, the balance of the construction cost, etc. to be paid by the Defendant to the Plaintiff is KRW 158,272,240 (the amount in which the Defendant is the person who is the Defendant) as the difference in the deposit and withdrawal of each of the above deposit accounts in relation to the pertinent hospital interior Corporation.
C. In addition, the amount that the Plaintiff is obliged to pay to the Defendant in relation to the progress of hospital interior works, etc. using the above business registration under the name of the Defendant is KRW 40,00,000 (including KRW 10,000,000,000, the outstanding household price in 2014), ② value-added tax 83,341,818, ③ global income tax 41,670,909, ④ construction price paid by the Defendant to E Co., Ltd., plus KRW 193,215,667.
[Ground of recognition] There is no dispute, and according to the above facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 through 13, and Eul evidence Nos. 29 through 32 (including virtual numbers) and the purport of the whole pleadings, the plaintiff is entitled to pay damages for delay calculated annually from September 29, 2017 to Oct. 26, 2017, after deducting 158,272,240 won, such as the balance of the paid-in and paid-in construction, from total of 193,215,667 won, such as the above-in and paid-in construction, from total of 193,272,240 won, to the defendant, at the rate of 34,943,427 won (=67 won - 193,215,667 won - 158,272,240 won) and damages for delay calculated at the rate of 15% per annum under the Special Act on Expedition, etc.