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1. The Defendant (Counterclaim Plaintiff) shall pay 55,00,000 won to the Plaintiff (Counterclaim Defendant) and its payment from March 16, 2017.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On April 6, 2015, the Plaintiff and the Defendant drafted an agreement with the following contents and agreed to provide the Defendant with support for the operation of the insurance agency:
(hereinafter “instant agreement”). The method of repaying the initial settlement subsidy of KRW 5 million from May 1, 2015 to April 30, 2016: From May 1, 2015 to April 30, 2016: 50% of the monthly income amount of KRW 5 million in the expected operating expenses of the repayment office; KRW 2 million in the estimated operating expenses of KRW 5 million in the monthly rent of KRW 5 million in the repayment office; and 1 million in the management expenses.
B. On November 18, 2015, the Defendant prepared a repayment plan (i.e., KRW 10,000,000 on September 30, 2016; KRW 10,000,000 as at November 18, 2015 and KRW 10,000,000 as at December 12, 2015; and (ii) drafted a repayment plan (i.e., KRW 10,00,000 on September 30, 2016; KRW 10,00,000 on December 31, 2016; KRW 10,000,000 on March 31, 2017; KRW 10,000,000,000 on June 30, 2017; and (iii) delivered the Plaintiff with the loan certificate issued pursuant to the Plaintiff’s “the loan certificate”).
C. On April 10, 2015, the Plaintiff paid the Defendant KRW 5,000,000,000 on May 19, 2015, and KRW 5,000,000 on June 9, 2015, and KRW 5,000,000 on July 8, 2015, and KRW 10,000 on July 222, 2015, and KRW 10,000,000,00 on October 16, 2015, and KRW 5,00,000 on November 25, 2015, and KRW 5,00,000 on December 5, 200,50 on December 16, 2015, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff loaned KRW 55,00,000 to the Defendant on November 18, 2015, the Plaintiff agreed to pay the above money by preparing a loan certificate for the above loan and delivering it to the Plaintiff on November 18, 2015. In this lawsuit, the Defendant agreed to receive the above loan amounting to KRW 120,000,000 per month from the Plaintiff and agreed to receive the payment of KRW 10,000 per month.