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1. The Plaintiff (Counterclaim Defendant) paid KRW 35,571,852 to the Defendant (Counterclaim Plaintiff) and its related amount from September 13, 2017 to April 26, 2018.
Reasons
1. Basic facts
A. On March 17, 2016, the Plaintiff (D, E’s father) contracted for the production and supply of 4th class 5,00 units for children’s sports (F) and 3,00 units for G 6th class 3,00 units, and the Plaintiff agreed to attach Quic Respon (hereinafter “the instant Quk system”) developed by the Plaintiff to the above sportsization Quk case. At the time, both parties agreed to “(i) the price: 143,716,00 won in total, 17,750 won in satisfaction of the children’s unit price, 18,750 won in satisfaction of the first children’s unit price, 50% in advance at the time of placing an order, 50% in advance at the time of delivery, 50% in advance at the time of payment, 205 days in advance after deposit.”
(hereinafter “instant goods supply contract”). On the same day, the Plaintiff paid only KRW 70 million to the Defendant on the same day.
(2) On March 8, 2016, the Defendant of the adultization sales agreement was entrusted by the Dispute Settlement Council (hereinafter “J”) to sell the number of 15,30 units of K adult sports sports 15,30 units, and sold the said units of 950 units. The J proposed that “The amount of 14,350 units of money (hereinafter “the money”) reduces the amount of 14,350 units of money (hereinafter “the instant adultization”) to half (8,000 won per 1 unit, value added tax),” and that “the Plaintiff (E) and the Defendant purchased the said adultization by half (7,175 units of money).” The Defendant sold half of the shares of the Plaintiff (7,175 units of money) to the other company (L), and the remainder of the Plaintiff (7,175 units of money) shall be distributed to the Defendant, and the Defendant’s net profit shall be divided into 5:5 units.”
Around that time, the Defendant sold 5,720 of his share to L. Around April 15, 2016, the Plaintiff offered to the Defendant that “I will die up to 1,455 shares (7,175 – 5,720 shares)” and accordingly, the Plaintiff’s share was 8,630 shares (7,175 shares 1,455 shares).
(2) On April 21, 2016, the Defendant paid the purchase price for the above adultization to the J. The Plaintiff.