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1. The Defendant (Counterclaim Plaintiff) paid KRW 72,920,539 to the Plaintiff’s Intervenor and the Intervenor’s successor as well as the amount from December 3, 2015 to December 23, 2015.
Reasons
1. Basic facts
A. The Plaintiff, a company running a travel business, signed an agency contract with one mobile-scale retail company (hereinafter “one mobile-scale retail company”) from November 201, 201, and operated the “F store” to sell one mobile-scale tour goods at the store located within the “E” large-scale retail store located in Pakistan-si.
B. The Defendant concluded an agreement with the Plaintiff to take over the Franchis, and operated the said store from the beginning of March 2011.
C. On June 16, 2011, the Defendant paid KRW 24 million out of the deposit amount of KRW 30 million as stipulated in the underwriting agreement to the Plaintiff.
On February 2, 2012, the defendant transferred its business office to G, 403.
The Defendant registered the business with the name of “stock company I” in the name of ar, and sold one of the Plaintiff’s J points from the said store to February 2, 2014.
(hereinafter above J points and the F points of subsection (a)(e).
On December 22, 2014, the Plaintiff transferred 24,198,400 won to the succeeding intervenor and notified the Defendant of the purport thereof.
The above notification reached the defendant on December 26, 2014.
On November 27, 2015, the Plaintiff transferred KRW 52,216,139 to the succeeding intervenor, and delegated the right of notification of the transfer to the succeeding intervenor on November 27, 2015.
On December 2, 2015, a copy of the purport and the application for modification of the cause of the claim of the succeeding intervenor, stating the purport of notifying the assignment of the above assignment, was delivered to the defendant on February 2, 2015.
[Reasons for Recognition] Gap 1 and 16 Evidence, the purport of the whole pleadings
2. Determination on the main claim
A. The Intervenor’s assertion that the succeeding intervenor requested the Plaintiff to manage the J branch on behalf of the Defendant, and the Plaintiff spent the Defendant’s operating expenses of the J branch’s office and the Defendant’s travel affairs on behalf of the Defendant, as shown in the attached Table 1.