A. On March 25, 2012, the Plaintiff entered into a contract with the Defendant for the operation of the instant store by proxy (hereinafter referred to as the “instant operating agency contract”) with the Korean Golf Department C (hereinafter referred to as the “instant sales agency contract”) under which the Defendant would receive sales profits calculated at a certain ratio each month after selling golf products supplied by the Defendant at the Daegu-gu Dong-gu Branch C, Daegu-gu, and then paid KRW 60,500,000 (hereinafter referred to as the “instant deposit”) to the Defendant, and paid KRW 5,50,000 to the Defendant for the payment of KRW 60,000 to the Defendant.

(The sales proceeds paid by the buyers of golf products were paid to the Defendant after deducting the sales fees, etc.

While operating the instant store, the Plaintiff arbitrarily disposed of the Defendant’s golf products amounting to KRW 91,650,073.

In addition, the Plaintiff, in the name of the Plaintiff’s employees, branch employees, etc., used the points of a member bus with a total of 65,346,758 won. Accordingly, the Plaintiff requested the Defendant to compensate for damages and remove stores from July 10, 2014, and the Defendant fully compensated for the said amount of damages from the sales proceeds to be received from a slot.

In addition, on August 5, 2014, the Defendant notified the termination of the instant operating agency contract on the ground of the Plaintiff’s act as above, and the Plaintiff removed from the instant store on August 7, 2014, and the Defendant restored the instant store to its original state and delivered the instant store to its lot.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the facts of recognition as to the claim for the refund of the instant deposit, the instant operating agency contract was actually terminated by the Plaintiff leaving the instant store on August 7, 2014.