1. The Defendant (Counterclaim Plaintiff) paid KRW 82,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 13, 2017 to October 31, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, under the name of ASEAN, operated the marina (hereinafter “instant marina”) with the trade name, “Emarate wit wit wit wit” in the name of ASEAN, and transferred the instant marina to F and G on April 29, 2016 at KRW 215 million (the total amount of 85 million, 130 million for facility premium, KRW 10 million for facilities premium).

B. On April 30, 2016, G and F paid KRW 50 million to the Plaintiff as down payment, and around April 30, 2016, the Plaintiff succeeded to the lessee’s name under the instant marina lease agreement. On May 12, 2016, G and F came to operate the marina after completing business registration with the trade name called “HE”. On July 14, 2016, G and F drafted a “written waiver of the performance of the right to the purchase and sale of the marina,” stating that “I would give up all rights to the marina, and compensate for the product loss, unpaid public charges, etc.”

C. Around December 2016, the Plaintiff entered into a contract with the Defendant to transfer the instant marina to the Defendant (hereinafter “instant contract”) with the content that it transferred the instant marina (hereinafter “instant contract”). The key contents are as follows.

The special agreement provides that the balance of KRW 135 million, the down payment of KRW 20 million, the intermediate payment of KRW 50 million (payment on contract), the intermediate payment of KRW 50 million (payment on February 18, 2017), the balance of KRW 50 million (payment on March 18, 2017), and the balance of KRW 50 million (payment on March 18, 2017) (ii) if the balance is not fulfilled, the contract is reversed.

(Unconditional Return). (3) Any waiver shall be made.

(4) All taxes that are incurred before a contract is concluded shall be borne by full-time officers.

(electric, monthly, etc.) d.

Around December 16, 2016, the Defendant paid KRW 20 million to the Plaintiff, and registered the instant marina with the trade name as “IE,” and then acquired the instant marina from the Plaintiff on the 26th day of the same month. From March 2017, the Defendant paid KRW 30 million to the Plaintiff on the 19th day of the same month while substantially operating the instant marina.

[Ground of recognition] Unsatisfy, A No. 1.