Defendant Counterclaim Co., Ltd. (Counterclaim Defendant Co., Ltd) from July 16, 2019 to September 2020, 2020.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a person who operated wholesale and retail business such as food, beverages, and miscellaneous goods in the trade name of Songpa-gu Seoul Metropolitan Government E-si (hereinafter “instant store”) from the Korea Agriculture and Fisheries Food Corporation. The Defendant Company is a company with the purpose of selling food, agricultural products, and food materials, and Defendant D is the representative director of the Defendant Company.

B. On March 25, 2014, the Plaintiff concluded a contract for the transfer of store business rights with the purport of transferring the business rights, including the right to lease, to Defendant D’s wife H, to KRW 320 million, including the right to lease of the instant store, and entering into a contract for the transfer of business rights with the content that the down payment and the intermediate payment shall be KRW 100 million, and the remainder shall be paid immediately after the completion of the transfer in

C. On August 1, 2014, the Plaintiff entered into a contract for the transfer of store business rights between the Defendant Company (hereinafter “instant contract for use”) with the content that the Plaintiff would transfer the right to lease of the instant store in KRW 70 million to the Defendant Company. ② The Plaintiff used the instant store with the deposit amount of KRW 30 million; and the Plaintiff entered into a contract for the use of the store, such as the Seoul Special Metropolitan City Agriculture and Fisheries Food Corporation rent and management expenses, and union expenses, with the content that all the expenses incurred in the use of the store (hereinafter “the instant contract for use”).

Around August 2014, Defendant Company completed the transfer of the right to the instant store, and paid KRW 70 million to the Plaintiff on September 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 10, the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. The Plaintiff’s assertion is jointly and severally sought the return of the deposit under the above contract for use on the grounds that the Plaintiff left the store of this case after the termination of the use of the store under the contract for use of this case.

B. The instant case is subject to the instant use contract, which determines the claim for the Defendant Company.