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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 50,00,000 and the amount of said KRW 50,000,00.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. 1) A Co., Ltd. (hereinafter referred to as the “Non-Party Company”)
(3) Around December 13, 2010, the wedding hall in the name of the Fwa Holdings (hereinafter referred to as the “BS”) by leasing from 29 owners the three storys of the building in Seo-gu, Seo-gu, Gwangju, Seo-gu (hereinafter referred to as the “BS”).
(2) On July 23, 2014, G entered into a contract between H and the non-party company to transfer its share in the non-party company amounting to KRW 265,00,000 between H and the non-party company (hereinafter “non-party company”) and the non-party company (hereinafter “non-party company”) and certified as 1253 on July 24, 2014 by the International Joint Office, etc. of notary public, etc., and around that time, the creditor was J, the debtor was the debtor as H and the joint guarantor as the defendant.
3) On July 29, 2014, the Plaintiff transferred to the Defendant and H the Plaintiff’s share (one thousand five hundred shares of K, and five hundred shares of L) in respect of the non-party company at KRW 130,000,000, and waived its management right. Of the transfer proceeds, KRW 45,000,000 of the down payment is the first intermediate payment on August 11, 2014; KRW 10,000,00 of the second intermediate payment on August 26, 2014; KRW 10,000,000 of the second intermediate payment on September 20, 2014; KRW 35,000,000 is the remainder payment on October 25, 2014; and KRW 30,000,000 paid to each of the instant contracts (hereinafter referred to as “the remainder payment”).
(4) Under the instant contract, the Defendant and H paid the Plaintiff KRW 100,000,000 in total, each of the KRW 50,000,000,000, respectively, and the Defendant and H did not pay the remainder of KRW 30,000,000 on December 20, 2014.
B. From among the owners of commercial buildings in which the instant database is located, M and 12 (hereinafter referred to as “M, etc.”) related to the crowdfunding, the progress of criminal proceedings and 1) are located.
On December 18, 2013, 2013, Nonparty Company and Plaintiff filed a named suit (this Court 2013Gahap11395) as to the instant database on the ground of the rent delay against Nonparty Company and Plaintiff, and on December 12, 2014, winning a favorable judgment (the lawsuit against Plaintiff is pending) against Nonparty Company.