1. The Defendant (Counterclaim Plaintiff) paid KRW 80,050,000 to the Plaintiff (Counterclaim Defendant) and its amount from January 1, 2015 to May 29, 2015.

1. Basic facts

A. On March 1, 2010, the Plaintiff entered into a sales contract with the U.S. EECP system (Equipment for cardio-cerebrovasception therapy) that is produced and supplied by the non-party company (hereinafter “the instant medical device”) to exclusively sell the medical device in Korea (hereinafter “the instant medical device”).

B. On July 29, 2014, the Defendant entered into a sales license agreement with the Plaintiff, recognizing the authority to sell the instant medical device imported and sold by the Plaintiff in Korea, and entered into a contract with the Plaintiff to be supplied with the instant medical device at KRW 50 million (excluding value-added tax) on or before October 2014, and to pay the instant medical device by December 30, 2014 (hereinafter “instant supply contract”). On October 31, 2014, the Defendant entered into the instant contract with the Plaintiff to be supplied with the instant medical device at KRW 175 million (i.e., value-added tax amounting to KRW 150 million (value-added tax amounting to KRW 150 million) and KRW 150 million (value-added tax amounting to KRW 150 million) and to pay the remainder of the medical device at KRW 2505 million (hereinafter “the instant contract to deliver the new product”).

C. Around November 2014, the Plaintiff supplied used goods for the instant medical device to A in Gangnam-gu Seoul, which was designated by the Defendant, and around December 2014, supplied the instant medical device to the Defendant’s office.

On October 31, 2014, the Defendant paid KRW 150 million to the Plaintiff out of the price for the new medical device of this case.

E. The Defendant’s representative director argued to the effect that “as at the time of October 16, 2014, the representative director of the Plaintiff’s instant medical device was manufactured within 60 days from that time, deceiving the employees of the Defendant, thereby deceiving the Defendant to acquire KRW 150 million from the Defendant as the price for October 31, 2014.” The Defendant’s representative director filed a criminal complaint against the Plaintiff’s representative director, and the prosecutor in charge filed a criminal complaint among the Plaintiff and the Defendant’s employees on October 16, 2014.