1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. Basic facts

A. The Plaintiff is the auditor of C Co., Ltd. (hereinafter “C”), and the Defendant is the person who leased and operated 102, 103, and 104 of the first underground floor of Seocho-gu Seoul Metropolitan Government Dtash and operated E.

B. C around July 2013, around 2013, acquired all rights, including E business operation rights, from the Defendant and 120,000 won and 3% of C shares, and operated after the acquisition of various sports facilities, including the F swimming pool and G swimming pool, operated by the other business.

C. Upon C’s occurrence of managerial difficulties, the existing business operators decided to acquire the sports facilities from C respectively. On August 10, 2014, the Defendant agreed to accept the sports facilities again, and set the acquisition price at KRW 20 million after settlement, and agreed to pay KRW 10 million until October 31, 2014, and KRW 10 million until March 31, 2015, respectively, to the Plaintiff, who was audited by C on its registration.

On September 15, 2014, the Defendant prepared a loan certificate to pay KRW 10 million to the Plaintiff by October 31, 2014 and KRW 10 million by March 31, 2015.

E. On October 31, 2014, the Defendant paid KRW 10,000 to the Plaintiff.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the above agreed amount of KRW 10 million and damages for delay, unless there are special circumstances.

B. The Defendant’s assertion 1) Although the Defendant did not borrow KRW 20 million from the Plaintiff, the Defendant decided to repay the Plaintiff KRW 20 million to the Plaintiff by coercion, such as threatening C to file a criminal complaint due to breach of trust, etc. The Defendant’s assertion is revoked since it is null and void by means of false conspiracy or by coercion. 2) The agreement that the Defendant would pay KRW 20,000 to the Plaintiff solely based on each statement of evidence Nos. 1, 3, 4, and 5.