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1. The Plaintiff (Counterclaim Defendant) paid KRW 4,250,000 to the Defendant (Counterclaim Plaintiff) and the amount from December 23, 2016 to April 26, 2017.
Reasons
1. Evidence 【Evidence】1, A2, A3, A2, A3, A3, A4, A5-1 through 4, B-1, B-2, and the purport of the whole pleadings;
A. Party 1) The Plaintiff is a corporation that sells alcoholic beverages in Suwon City. 2) Defendant A opened the main store on October 28, 2014 with the trade name “D” on the Suwon-si C and the fourth floor of Suwon-si. On December 3, 2014, the Plaintiff opened the “F store” on the third floor of the said building.
After that, on October 28, 2015, Defendant A changed its trade name into “G”, “H and “I” (hereinafter “the instant business”).
B. On December 16, 2014, the Plaintiff entered into a loan agreement between the Plaintiff and the Defendant A on December 16, 2014, with respect to Defendant A and the 4th floor D, for a period of 36 months from the date the contract is concluded, the Plaintiff supplied alcoholic beverages to the said establishment, and the Plaintiff lent KRW 48 million operating funds to the Defendant A as free of charge, and the Defendant A shall make a loan to the Plaintiff to the Plaintiff to pay the operating funds of KRW 48 million in equal installments for 24 months each month (hereinafter “the instant first contract”).
(2) Defendant A agreed to pay 30% of the initial loan at the end of a transaction within two years from the date of loan, and 20% of the initial loan at the end of a transaction within the period exceeding two years from the date of loan. (2) The Plaintiff paid KRW 48 million to Defendant A as a penalty.
3) Defendant A paid a total of KRW 22 million from January 30, 2015 to December 2015, with the repayment of KRW 200,000 per month from January 30, 2015. C. The Plaintiff between the Plaintiff and the Defendant A) on October 28, 2015: (a) the term of the contract between the Plaintiff and the instant business; (b) the Plaintiff set at least three years after the end of the repayment of the loan; (c) the Plaintiff supplied alcoholic beverages to the instant business; and (d) the Defendant A lent KRW 15,00,000 to the Defendant at free interest; and (c) the Defendant A paid a total of KRW 15,00,000 as operating capital to the Plaintiff for the period of 20 months each month.