1. The Defendant (Counterclaim Plaintiff) paid KRW 40 million to the Plaintiff (Counterclaim Defendant) and against this, from August 1, 2017 to August 11, 2017.

1. Facts of recognition;

A. The relationship between the parties (1) The Plaintiff is a person who, from around 2009, has operated food materials distribution business in the name of “G” at the same time, with the trade name of “F” in the 7th floor D through E of the 7th floor in Ansan-si building (hereinafter “the instant shop”).

(2) The Defendant is a person who has operated a restaurant in his trade name, “I” located in Ansan-si.

B. During the process of concluding a contract for transfer of business rights to a F cafeteria between the plaintiff and the defendant (1) the plaintiff entered into an entrusted operation contract with the tephack, the tephack located in Ansan-si, together with food trucks in the above tephack, food voucher entrusted operation, and F business. On April 7, 2017, the plaintiff agreed to transfer the "F"'s business to the defendant at KRW 250 million (including KRW 110 million lease deposit at the store) and received KRW 250 million in the down payment from the defendant by concluding a contract later.

(2) On April 24, 2017, the Plaintiff concluded a transfer agreement with the Defendant (hereinafter “instant transfer agreement”) with a view to reducing the transfer amount of KRW 10 million, which was agreed upon with the Defendant with respect to F, and received KRW 65 million from the Defendant as an intermediate payment (the Plaintiff received KRW 40 million out of KRW 65 million by accepting the lost security deposit).

The contents of the main business: A special agreement that, when the Defendant pays both the down payment, the intermediate payment, and the remainder, the main business may commence when it pays both the down payment, the intermediate payment, and the remainder, of KRW 40 million:20 million (the deposit KRW 110 million, the premium of KRW 130 million): 25 million: the down payment, the intermediate payment of KRW 65 million on April 7, 2017, the down payment of KRW 40 million on April 24, 2017, the Defendant may deduct the remainder of the premium from the balance of the down payment of the down payment, the intermediate payment, and the remainder (the part which will take over the external debt) - The project shall be subject to the deduction of the cost of the remainder of the premium when there occurs any other unrest portion (the part which will take over the external debt).