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1. The Defendant (Counterclaim Plaintiff) paid KRW 262,60,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 17, 2015 to November 2, 2016.
Reasons
1. Basic facts
A. The Defendant Company changed its trade name from “F” to “B” corporation on June 1, 2009. The purpose of the Defendant Company was to engage in food manufacturing and processing business, etc., and the Plaintiff was employed as the head of the Defendant Company’s factory until October 2012, and the Plaintiff-friendly Nonparty D, the Plaintiff-friendly representative director.
B. Around February 2010, the Plaintiff agreed to receive KRW 1 billion from the Defendant Company (hereinafter “instant agreement”).
After the conclusion of the above agreement, from March 9, 2010 to September 4, 2012, the Defendant Company paid the Plaintiff a total of KRW 520,00,000,000, and the registration of transfer of ownership in the name of the Plaintiff was completed on October 19, 2010 with respect to the size of 1,709 square meters (hereinafter “instant real estate”) purchased from Nonparty D as the site for the construction of the Defendant Company’s factory from Nonparty E.
C. On October 11, 2010, the Plaintiff was subject to disciplinary action against the Defendant Company, and at all times, did not receive the amount of money under the said agreement from that time.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 1, 2, 10, 11, 14, and 15 (including each number), entry of Eul evidence 2, video of Eul evidence 1, witness G, testimony of H and the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion from around 1985 to Nonparty D was established and operated as well as Defendant Company for the sale, etc. of fish products to Nonparty D. In relation to the settlement of profits, there was a dispute between the Plaintiff and Nonparty D, and the Plaintiff and the Defendant agreed that the Defendant would pay KRW 1 billion to the Plaintiff around February 2010.
The Defendant transferred the ownership of the instant real estate to the Plaintiff on October 19, 2010. The Defendant assessed the ownership of the instant real estate as KRW 200,000,000,000, in total, paid by the Defendant to the Plaintiff. As such, the Defendant is obligated to pay the remainder of KRW 280,000 and damages for delay to the Plaintiff.
B. Determination on the assertion that it is conditional agreement 1.