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1. The Plaintiff (Counterclaim Defendant) paid KRW 165,220,746 to the Defendant (Counterclaim Plaintiff) and its related amount from July 12, 2017 to January 31, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1.The following facts may be found either in dispute between the parties or in the testimony of the witness C as a whole by taking into account the respective descriptions of Gap evidence 1 to 6, 8, 9, Eul evidence 1 to 3, 5 to 7, and 10 (including each number), and the whole purport of the pleadings:
D Co., Ltd. (hereinafter referred to as “D”) which is a manufacturer or distributor of the export diagnosis key for E in the Kazakhstan, has exported diagnosis key, etc. from around 2012 to E (hereinafter referred to as “E”) which is a corporation of Kazakhstan through C, etc.
B. Around July 2014, D entered into a business marketing agency contract with the Defendant (C’s wife) who operates the mutually agreed event of F, around July 2014, concluded the following business marketing agency contract with D and the Defendant:
(hereinafter referred to as the “instant agency contract”). ① The purpose of this contract is to provide for all matters related to the exclusive business of the Kazakhstan (G, etc.) (hereinafter referred to as the “other country”) of products produced and sold by Gap (D) on behalf of Eul and its production and supply.
The purpose is to apply the same business as above to all products exported and sold by Gap.
§ 1. (2) In accordance with this Agreement the States shall omit the Kazakhstan (hereinafter referred to as "other States")
(A) carry out the business activities of the Company, the contract orders and contract execution services under the order, and other services on behalf of the Company A from time to time.
(3) The report must include the status of contract progress, the status of participation, the status of open tendering contracts, and the progress of business of a major business entity from time to time in writing or by e-mail.
B shall notify A of the contract at the stage when the contract is concluded, and require A to enter into a contract for A while A was present, and the draft of the contract to A.