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1. The Defendant (Counterclaim Plaintiff) paid KRW 13,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from July 16, 2013 to August 27, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 19, 2013, the Plaintiff and the Defendant engaged in non-destructive testing business, etc. arranged the Defendant to designate the Defendant as a transfer of a foreign famous company, and entered into a contract with the Plaintiff to allocate a certain portion of profits from the Defendant (hereinafter “instant contract”).
The instant contract was concluded on June 14, 2013 following several amendments.
Article 1 (Establishment of Agent) (1) The plaintiff takes place that the defendant is designated and installed as a transfer of a domestic or foreign famous enterprise, such as C, D, E, F, G, H, etc., in Korea.
② The Plaintiff shall have a domestic or foreign company transferred to a foreign company in Korea.
(A) Article 4 (Technology Business Activities, Technical Advice Fees) ① The Defendant shall pay to the Plaintiff a monthly technical advisory fee of KRW 13 million, KRW 5 million per month to I, and KRW 5 million per month, and each two persons shall pay KRW 1 million per month card to the Plaintiff.
The above technical advisory fees shall be paid after deducting 3.3% of the personal business income tax, and shall be paid to the plaintiff and I on the 15th day of each month in accordance with the payment regulations of the defendant.
(A) The contract may be terminated if the section 6 (Termination) above has not been implemented for more than five months, or if the plaintiff and the defendant violated the terms of this contract, and if both parties agree, the contract may be terminated.
The enactment of Article 7 (Additional Rule) (A): The second amendment on April 19, 2013: the second amendment: e) omitted on April 14, 2013; and the second amendment on June 14, 2013 (hereinafter referred to as the “second amendment”): a written agreement prior to the enforcement date of the second amendment (a) shall become null and void. [The fact that there is no dispute over the grounds for recognition, the entries in subparagraphs 1 through 4, and the purport of the whole pleadings.]
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion that: (a) the Defendant promoted the Defendant to a foreign company from the date of entering into the instant contract to September 2013; and (b) the Defendant paid only one month technical advisory fees under the instant contract, and thereafter, paid technical advisory fees.