1. The Defendant (Counterclaim Plaintiff) paid KRW 20,383,122 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from April 17, 2012 to August 1, 2012.

1. Basic facts

A. On November 2, 2010 between the Plaintiff and the Plaintiff, the Defendant entered into a contract for gold production (see, e.g., Evidence A; hereinafter the instant contract) with FINPS DIE 7 p. 2 p. 2 p.m. and FINS DIE 3/8”12 p.m. (hereinafter the instant gold 2 p.m.) by no later than March 15, 201, on the condition that the price is KRW 140,000,000 (excluding value-added tax); the down payment is KRW 70,00,000,000, the remainder payment is KRW 70,000,000,000, which is to be paid each after completion of trial operation and delivery of defective bonds after the establishment of the gold.

B. On November 30, 2010, the Plaintiff delivered to the Defendant a promissory note with a face value of 53,900,000 won at par value, the Industrial Bank of Korea, the due date, and the due date on March 31, 201, and transferred KRW 23,10,000 in cash on December 2, 2010.

C. On April 18, 201, the Plaintiff received the instant gold punishment from the Defendant, but delayed production of the instant gold punishment No. 1, on May 4, 2011, the Plaintiff notified the Defendant of the rescission of the contract regarding the instant gold punishment No. 1 among the instant contract. Accordingly, the Defendant intended to deliver the instant gold punishment No. 1 to the Plaintiff on May 24, 201, after notifying the Defendant that the instant gold punishment was completed at least 70% on May 9, 2011, but the Plaintiff refused to accept the instant gold punishment as it was an semi-finished product not a finished product.

[Ground of recognition] Gap evidence 3 to 7 (including paper numbers), Gap evidence 9-1, Eul evidence 1 to 4 (including paper numbers), Eul evidence 6-1 and the purport of the whole pleadings

2. The plaintiff asserted as the main claim of this case: (a) as long as the contract on the gold-type portion of this case was rescinded, it appears that the plaintiff paid a total of KRW 77,000,000 in bills and cash as seen earlier, as seen earlier, as long as the contract on the gold-type portion of this case 1 was rescinded, the plaintiff developed the claim on the premise that the amount paid is KRW 70,000,000,000, and thus, the court of this case is to determine