Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 26,761,810 to the Plaintiff (Counterclaim Defendant) and its amount from August 20, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff, the Defendant, C, and D agreed to jointly operate the E Co., Ltd. on June 27, 2007.
B. After the occurrence of disputes over the operation of the above company, the plaintiff and the defendant jointly responded to the dispute, and the defendant agreed to bear half of the litigation costs, such as the attorney appointment fee paid by the plaintiff in relation to the above dispute.
C. The Plaintiff spent 53,523,620 won in total as attorney fees, etc. in relation to the case of provisional disposition application seeking a suspension of the performance of duties by C’s representative director (this Court 2009Kahap476), and the lawsuit seeking a revocation of the resolution of the general meeting of shareholders by the joint representative director (this Court 2009Kahap11224).
【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 6, Eul's 1, the purport of the whole pleadings and arguments
2. Determination
A. According to the above facts, pursuant to the above cost-sharing agreement, the Defendant is obligated to pay to the Plaintiff 26,761,810 won, half of 53,523,620 won paid by the Plaintiff as litigation costs, as well as damages for delay calculated at the rate of 20% per annum from August 20, 2014 to the day of full payment, following the day of delivery of the duplicate of the instant complaint.
B. On January 19, 2009, the defendant asserts that "the defendant lent KRW 50 million to the plaintiff on January 19, 2009, the above loan claims are offset against the plaintiff's claims on an equal amount with the plaintiff's claims on the defendant's automatic bond, and the defendant claims the payment of KRW 23,238,190 remaining after offsetting, and damages for delay as a counterclaim."
However, there is no sufficient evidence to recognize that the Defendant lent KRW 50 million to the Plaintiff on January 19, 2009.
Rather, according to the evidence evidence Nos. 10 and 11, the Defendant asserted as otherwise alleged in this part, and filed a lawsuit against the Plaintiff seeking payment of KRW 50 million (this Court 2012Gahap11859) against the Plaintiff, and then on January 23, 2014.