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1. From July 30, 2013 to October 22, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 15,680,00 to the Defendant (Counterclaim Plaintiff) and its related amount.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The Plaintiff’s position as Defendant representative director 1) worked in the Korea Cadastral Corporation for 33 years and retired from the retirement age around 2009, and the Defendant was established for the purpose of cadastral survey business on March 24, 2008. (2) Around March 2009, the Plaintiff received a proposal from the Defendant’s representative director C, who is the Defendant’s representative director, to assign the Defendant’s representative director. On July 1, 2009, the Plaintiff accepted the above proposal and drafted a written agreement (hereinafter “instant agreement”) with the following contents.
The Agreement between Defendant Invested (Representative) D (Representative) and Plaintiff 2 (hereinafter referred to as “B”) shall be agreed upon for mutual growth under a close cooperation system as follows:
- Contents of the arrangement - Gap must make every effort to assist Eul to avoid inconvenience in carrying out all affairs in the whole of defendant and corporation F (tentative name), and Eul must take charge of all affairs of the company as the legal and practical representative of the two companies and shall make every effort to create profits by managing the company under the responsibility of Eul.
B shall establish a name F for a specialized civil engineering design company in the name of the principal and take office as the representative, and shares shall be the E Chairperson and 50:50.
- A shall provide assistance following the establishment of a juridical person by Eul and Eul shall be subject to the premise that Eul-owned company (the defendant) which has been operating shall also substantially operate.
- A shall provide B with basic funds (at least 300,000 won per month of qualification allowances and business promotion expenses) to which B may act on condition that B shall be responsible for all management rights.
- The profit-making and distribution of Gap and Eul shall be distributed after the processing of all kinds of taxes and expenses (tax and expenses) as follows:
- - The following: A company representatives, B representatives, and three chairpersons who indicate the Defendant A and indicate F in B shall be settled monthly or quarterly at the time of income creation as follows: