1. The Defendant (Counterclaim Plaintiff) received KRW 370,000,000 from the Plaintiff (Counterclaim Defendant) simultaneously.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Around December 2009, the Plaintiff entered into a contract with the Defendant and the Plaintiff to lease real estate listed in the attached Form (hereinafter “instant real estate”) with the lease deposit amount of KRW 200 million, the lease term of KRW 30 million from December 31, 2009 to December 30, 2012.

The plaintiff received KRW 200 million from the defendant around that time, and the defendant operated the pharmacy after receiving the above real estate on December 31, 2009.

On December 11, 2009, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the Defendant to secure the obligation to return the above lease deposit, and completed the registration of establishment of a right to lease on a deposit basis (hereinafter “registration of establishment of a right to lease on a deposit basis”) with the Daejeon District Court No. 110532, Dec. 11, 2009, based on which the Plaintiff received a lease on a deposit basis from the Defendant, Daejeon District Court No. 110532, Dec. 11, 2009 to December 29, 2012.

On December 11, 2012, the Plaintiff entered into a lease agreement again with the Defendant, setting the lease deposit of KRW 370 million with respect to the instant real estate, from December 31, 2012 to December 30, 2014 (hereinafter the aforementioned lease agreement was entered into around December 2009 and the lease agreement was entered into on December 11, 2012.

The Plaintiff received KRW 170 million as additional deposit from the Defendant around that time. Accordingly, on December 21, 2012, the Plaintiff completed the registration of change of chonsegwon from December 30, 2012 to December 29, 2014.

On September 30, 2014, the Plaintiff notified the Defendant that the instant lease agreement cannot be renewed through C, which delegated the lease management of the instant real estate, and notified the Defendant on November 28, 2014 that the instant lease agreement was terminated as of December 30, 2014.

[Reasons for Recognition] The facts without dispute, Gap's statements in Gap's 1 through 5 (including branch numbers), Eul's testimony, and the purport of the whole pleadings.