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1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The parties' assertion
A. Plaintiff’s assertion 1) The Plaintiff lived with Defendant B, and Defendant C is the mother of Defendant B. 2) If the Plaintiff and the Defendants shared the opening expenses of the restaurant, and if the Plaintiff wishes to borrow the middle restaurant from the Defendants, Defendant B opened the middle restaurant by registering his business under the name of Defendant C, and the Defendants agreed to pay the remainder of the profits except for the employees’ benefits, including the wages and expenses of the employees of Defendant B, to the Plaintiff.
(3) According to the agreement on the payment of the instant revenue, the Plaintiff is deemed to have “D” in March 23, 2012 at the expense of opening a middle-class restaurant (hereinafter “instant middle-class restaurant”) in accordance with the agreement on the payment of the instant revenue.
(4) On March 25, 2012, the Defendant remitted the purchase cost of KRW 9.5 million to Defendant C, including KRW 2 million, KRW 77,000, KRW 60,000, and KRW 40,889,000, in total, by directly remitting the purchase cost of KRW 2 million, KRW 77,000, and KRW 60,000 to business operators on May 4, 2012. The Defendants are jointly and severally liable to pay the Plaintiff the proceeds of the instant restaurant from July 25, 2012 to September 28, 2014 pursuant to the agreement on the payment of the proceeds of the instant case. According to the account book of the instant restaurant, the Defendants are jointly and severally liable to pay the Plaintiff the proceeds of the instant agreement, KRW 57,00,00,00, and KRW 575,971,00,00.
5) In addition, Defendant B, on May 20, 2014, deposited the said money by transferring the Plaintiff’s money of KRW 20 million to the account under Defendant C’s name. The Defendants jointly and severally are liable to pay the Plaintiff the said amount of KRW 20 million and damages for delay. (B) Defendant B lent the opening cost of the restaurant among the instant case from the Plaintiff and opened the restaurant among the instant case, and Defendant B opened the restaurant.