1. Upon the claim of the counterclaim that is changed to an exchange in the first instance, the counterclaim Defendant is KRW 50,000,000.

1. Facts of recognition;

A. On February 17, 2017, the first instance court rendered a judgment with respect to the instant counterclaim claim by the Counterclaim Plaintiff, “The Counterclaim Defendant shall pay to the Counterclaim Plaintiff 40 million won and the interest calculated at the rate of 7.89% per annum from December 22, 2014 to February 17, 2017, and 15% per annum from the following day to the date of full payment.”

B. After the issuance of the judgment above, the counterclaim Defendant agreed to pay the winning amount to the Plaintiff with the Plaintiff, and then remitted KRW 80,000 to the deposit account in the name of the Plaintiff in return for repayment on February 27, 2017.

Then, around March 25, 2017, the counterclaim Defendant agreed to pay the remaining winning amount to the Lessee: (a) KRW 100 million on April 15, 2017; (b) KRW 100 million on May 10, 2017; and (c) KRW 100 million on May 30, 2017; and (b) separately transfers the ownership of the I land of Cheong-gu, Cheong-si, K-si, to the Lessee (hereinafter “the first agreement”); and (c) accordingly, remitted the amount of KRW 10 million on April 14, 2017; and (d) KRW 100 million on May 10, 2017; and (e) KRW 100 million on June 30, 2017 to the deposit account in the name of the Lessee.

C. However, when the land owned by K was sold by auction after the first agreement of this case, the counterclaim Defendant agreed to pay 50 million won of the additional agreement to the counterclaim in lieu of not transferring the land again between the counterclaim and the counterclaim on September 19, 2017.

[The facts that there is no dispute over the basis for recognition, the entries in Gap evidence Nos. 14 to 17, and the purport of the whole pleadings.

2. The assertion and judgment

A. 1) The Counterclaim Plaintiff’s determination on the cause of the claim is: (a) the amount agreed to be paid by the Counterclaim Defendant as a repayment of the winning amount of the judgment of the first instance; and (b) KRW 4.5 million (i.e., the amount agreed to be paid by the Counterclaim Defendant (i., KRW 40,000,000,000 according to the second agreement on the principal of winning the judgment); and (c) it received only KRW 3.8 million among them and did not receive the remainder of KRW 70,000.