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1. The Plaintiff (Counterclaim Defendant) paid KRW 266,765,00 to the Defendant (Counterclaim Plaintiff) and its amount from July 11, 2015 to December 22, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 24, 2014, the Defendant: (a) confirmed on March 24, 2014, that “I will receive the additional amount of KRW 10 million in cash from A, and then will be KRW 300 million as of the total amount. The condition will delegate A the rights and the amount of the Cental Hospital’s claim for medical insurance, which I operate, to A not later than the date of refund. The date of refund will be fixed on March 23, 2016, and issued a cash custody certificate stating “I will confirm.” (hereinafter “the cash custody certificate of this case”).
B. On July 21, 2014, the Defendant, on the part of the Plaintiff, prepared and issued a loan certificate stating “I, on a regular basis, borrow the above amount, and repay the remainder (15,000,000) not later than July 25, 2014, with the agreement to make the full payment of the KRW 20,000 (20,000) not later than September 30, 2014.”
(hereinafter “this case’s loan certificate”). C.
On the other hand, on September 15, 2009, the Plaintiff and the Defendant drafted a partnership agreement with the following contents:
[hereinafter] A (hereinafter “A”) and B (hereinafter “B (hereinafter “B”) enter into the following partnership agreement in order to jointly distribute profits arising from the management of the Department and Members:
Article 2 [Business Address and Business Name] Address (Name of Business Place and Business Name): Name of Business Place D in Gyeonggi-do: The name of Business Entity C: The name of Business Entity B includes dental services that comprehensively treat infants and their supporting organizations, dental services, pathology, etc.
Article 4 [Obligations and Handling of “A”] The obligation to make an investment has been completed by providing all funds, such as lease deposit, facility interior cost, medical equipment purchase cost, etc. necessary for the operation of the business opening of the Department C (see, e.g., contract with the former manager and the former E).