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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 20,000,000 and its amount from December 1, 2013.
Reasons
The main lawsuit and counterclaim are also finite.
1. Facts of recognition;
A. The Plaintiff is engaged in the clothing manufacturing business under the trade name “G” in Seongbuk-gu Seoul Metropolitan Government E and F, and Defendant B and D are engaged in the clothing wholesale business under the trade name “I” on the 3rd floor and 3-36 of the Jung-gu Seoul Metropolitan Government H Award.
(The title holder of a business registration certificate is Defendant B). Defendant B and Defendant C are married with a couple, and Defendant D is the mother of Defendant C.
B. On August 1, 2013, the Plaintiff was requested by I to process four kinds of clothing products, including Style BA06, and the Plaintiff completed the supply from August 17, 2013 to September 4, 2013, and the Plaintiff incurred a total of KRW 21,547,000 on the contractual processing cost. As to this, I paid KRW 1,209,90 in excess.
Since September 2013, the Plaintiff was requested by I to process five products, such as Stle BA06, and the Plaintiff completed the supply from September 7, 2013 to October 2, 2013, and the Plaintiff incurred the total amount of KRW 28,467,00,00, including the cost of processing 28,235,000, the cost of transportation, KRW 196,000, the cost of transportation, and KRW 36,00.
C. On October 5, 2013, Defendant D and the Plaintiff agreed to the amount calculated by subtracting the excess payment of KRW 1,209,900 from KRW 28,467,00,00, such as the processing cost, from KRW 28,467,00 on September 5, 2013, from KRW 27,257,10.
Accordingly, I paid 6 million won to the Plaintiff on the same day.
Meanwhile, on November 30, 2013, I paid the remainder of KRW 20 million to the Plaintiff by November 30, 2013, and Defendant D guaranteed the payment of the said money.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 3, Gap evidence 4-1-3, Gap evidence 5-1-5, and the purport of the whole pleadings
2. The assertion and judgment
A. The following circumstances, which may be known in light of the facts of the judgment on the Plaintiff’s claim for principal action, each evidence, and the purport of the entire pleadings, are ① Defendant C’s work on the position of “Dr” in the above I, and ②.