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1. The Defendant (Counterclaim Plaintiff) paid KRW 41,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from September 13, 2015 to March 16, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company that engages in sports-related education business, etc., and the Defendant is a company that engages in the business of manufacturing advertising materials.
B. On January 21, 2015, the Plaintiff entered into a basic contract with the Defendant for the integrated franchise business with the purport of having the Defendant perform the Plaintiff’s integrated franchise-related business.
hereinafter referred to as "the basic contract of this case"
(c) On March 2, 2015, based on the instant basic contract, the Plaintiff and the Defendant entered into the instant development agreement with the term of development of the Plaintiff’s brand design, etc. from March 2, 2015 to May 15, 2015, KRW 35,000,000 (hereinafter referred to as “the instant brand development agreement”) with a view to having the Defendant carry out the development of the Plaintiff’s brand design, etc. separately from value-added tax.
A) Around the end of May of the same year, the Defendant completed a project under the instant development agreement and claimed the payment thereof to the Plaintiff. The Plaintiff paid all the remainder of the payment excluding value-added tax 3,500,000,000 out of the said payment to the Defendant. The contract amount of brand production contract: Contract amount of KRW 150,000 (excluding value-added tax): Foreign film and promotional film production contract: KRW 100,000 (excluding value-added tax): KRW 1,30,000 for film production (excluding value-added tax): From April 3, 2015 to May 30, 2015; Contract Period of KRW 205,000 for a contract; and the Plaintiff’s delivery of KRW 105,000 for a contract term of KRW 40,000 for a separate purpose (hereinafter the same shall apply); and the Plaintiff’s delivery of KRW 105,000 for a separate purpose (hereinafter the same shall apply) agreement within 1050,000.