1. The Plaintiff (Counterclaim Defendant)’s claim against the Defendant (Counterclaim Plaintiff) C Company and the Defendant D’s claim.

1. Basic facts

A. The Plaintiff is a wholesale company of rice and miscellaneous, and the Defendant Company is a company operating the Incheon Seo-gu F building by leasing part of the building from E Co., Ltd. (hereinafter “E”), and Defendant D is the representative director of the Defendant Company.

B. On March 29, 2017, the Plaintiff entered into a contract with the Defendant Company to supply rice and miscellaneous (hereinafter “instant goods transaction contract”) with the Plaintiff, setting the contract period as three years from the date of the contract, and the Defendant D jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff under the instant goods transaction contract up to KRW 50 million.

C. At the time of the instant goods transaction contract, the Plaintiff and the Defendant Company agreed that the Plaintiff may cancel or terminate the contract in a case where the Plaintiff calculated and paid the sales subsidy to the Defendant Company on the condition that it maintains the items to be supplied at the time of the first transaction, and where more than two items among the items to be supplied are not ordered for not less than one month, the return of the sales subsidy may be demanded.

The Plaintiff supplied the Defendant Company with rice and miscellaneous rice from around that time, and paid KRW 30,000,000 as the sales subsidy on May 1, 2017 (hereinafter “sales subsidy”).

E. Meanwhile, on May 27, 2019, E filed a lawsuit against the Defendant Company claiming the delivery of the part of the building leased by the Defendant Company under Incheon District Court Decision 2019Kahap56868, and the Plaintiff came to know of this fact in August 2019, the Plaintiff suspended the supply of rice and miscellaneous products to the Defendant Company and suspended the supply of 70,352,283 won for the goods that the Defendant Company did not pay until that time. In order to preserve the claim amounting to KRW 70,352,283, the Government District Court Decision 2019Kadan1649, August 26, 2019.