1. The Plaintiff (Counterclaim Defendant)’s claim in this case and the Defendant (Counterclaim Plaintiff)’s counterclaim in this case are dismissed.

1. Determination as to the principal lawsuit

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is as follows: (a) around 2015, the Plaintiff decided to take over the C Hospital Funeral according to the Defendant’s proposal; and (b) around September 2015, the Plaintiff issued the Defendant an aggregate of KRW 410,00,000 to the Defendant.

However, since then, the defendant entered into a lease contract on the C Hospital funeral hall with the name of the tenant as the defendant, and the defendant requested the return of the above KRW 410,000,000 on the ground that he was aware of the pending lawsuit on C Hospital funeral hall.

Accordingly, on December 1, 2015, the Defendant paid KRW 100,000 to the Plaintiff.

Therefore, the Plaintiff seeks to pay the remainder of KRW 310,00,000 (=the above KRW 410,000,000 - the above KRW 100,000,000) and damages for delay.

B) Furthermore, as seen above, the Defendant, as if the Plaintiff were to enter into a lease agreement on the C Hospital funeral hall with the Plaintiff as lessee, had the Plaintiff deceiving the Plaintiff, paid KRW 410,000,000 from the Plaintiff, or had the Plaintiff paid KRW 410,000 to the Plaintiff’s employees in violation of their duties, and had the Plaintiff embezzled the Plaintiff’s property by refusing to refund KRW 310,000,000 among them. As such, the Defendant was liable to compensate the Plaintiff for damages incurred from the Defendant’s fraud, breach of trust, or embezzlement of KRW 410,000,000 after deducting KRW 10,000,000,000 already paid by the Defendant from the Defendant’s damages incurred from the Defendant’s tort of 410,000,000,000,000 from the Plaintiff’s investment contract, even if the Plaintiff paid the Plaintiff’s above KRW 410,000,00,00.