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1. The Plaintiff (Counterclaim Defendant) paid KRW 80,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from December 31, 2013 to September 30, 2015.
Reasons
1. According to the grounds for recognition below, the following facts are recognized by aggregating the principal lawsuit and counterclaims:
A. On February 7, 2013, the original Defendant, a high school shop, jointly operated the mobile phone sales store. On the other hand, the Plaintiff, who had the operational experience, registered his/her business under his/her name and agreed to jointly operate the business and distribute 50% of the profits to the Defendant. Then, the Defendant opened the mobile phone sales store (hereinafter “instant sales store”) with the “one point (100,000,000,000)” and “2 points (E, 60,000,000,000)” on the lease of 160,000,000 commercial buildings located in the Busan Fri-gu C.
B. On May 7, 2013, the Plaintiff prepared a contract under the following terms, which the Defendant prepared with respect to the instant partnership agreement (hereinafter “instant partnership agreement”), retroactively as of February 7, 2013:
Article 1 (Business Management Obligations of Plaintiffs) The Plaintiff (Entry into “B” in the contract) shall manage its business as a good manager, manage its property, and faithfully perform all the obligations of the Defendant (the entry into “A” in the contract).
Article 2 (Obligation of Plaintiff to Distribution of Benefits) The Plaintiff shall distribute a profit equivalent to 50% of the monthly profits from February 7, 2013 to the termination of this Agreement to the Defendant, and at the same time present the balance sheet to the Defendant.
Article 3 (Duty to Represent Plaintiff’s Representative) Transactions with third parties necessary for the management of the said business, trade name, and other activities incidental to the business shall be represented by the Plaintiff and the rights and obligations shall be acquired by the Plaintiff.
Article 4 (Right of Monitoring of Defendant's Business) The Plaintiff shall present in writing the matters concerning accounting and the balance sheet on the business and transaction at any time at the request of the Defendant, and shall report the overall business.
Article 6 (Defendant and Plaintiff’s Right to Termination of Contract) (1) The Defendant is against the Plaintiff in any of the following cases: