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1. As to KRW 14,702,029 and KRW 9,611,554 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant)’s counterclaim, May 9, 2018.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. (1) On October 1, 2016, the Plaintiff registered his/her business with the location of the Dongdaemun-gu Seoul Metropolitan Government building C and D as the place of business, and entered into a partnership agreement with the Defendant and F to jointly operate the above “E” and distribute profits equally among the manufacturing and wholesale retail companies on December 13, 2016. However, the Defendant entered into the said partnership agreement under the name of the wife G (hereinafter “instant partnership agreement”).
(2) The Plaintiff, Defendant, and F invested 7 million won each, respectively. On December 7, 2016, the Plaintiff, Defendant, and F loaned KRW 30 million from the H Bank as the instant partner’s money.
B. 1) Meanwhile, on November 19, 2015, prior to the conclusion of the instant trade agreement, the Plaintiff, the Defendant, and the F entered into a partnership agreement to jointly operate the “I” and distribute profits equally. At the time, the Plaintiff and the Defendant were J Co., Ltd. (hereinafter “J”).
2) On February 28, 2018, when the Plaintiff and the Defendant were in office in the J to jointly operate “I”, the Plaintiff and the Defendant, who were in office in the J, decided to be in charge of the business of having I deliver the clothing to J. On April 2016, the Plaintiff and the Defendant, who were in office in the J, changed the circumstances that were the basis of the business, such as the Plaintiff and the Defendant’s withdrawal from the J to the J, and the Plaintiff and the Defendant did not supply the clothing to the J. However, if they were unable to deliver the clothing to the other transaction, they did not perform their duties under the same contract, such as failing to perform their duties at all.
In addition, the defendant, around 2015, could have been able to operate F I by the plaintiff. Accordingly, the plaintiff and the defendant have to pay KRW 5 million to the plaintiff and have received KRW 10 million from the plaintiff, and have not delivered it to F even though they received KRW 5 million from the plaintiff, it is about 2 years after the plaintiff and the F.