1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 8,187,070 as well as the full payment from January 21, 2016.

1. Basic facts

A. On June 2010, the Defendant entered into a contract for the operation of a child-care center (hereinafter referred to as “Defendant church”) and the Plaintiff and the Defendant established a “D child-care center (hereinafter referred to as “D”) under the name of the Defendant on the first floor of the Defendant church (hereinafter referred to as “instant child-care center”) and operated it by the Plaintiff, and the Plaintiff prepared an agreement on the conclusion of the operation of the instant child-care center to the Defendant church to pay 60% of the amount of 60% to the Defendant church by calculating the remaining income, excluding vehicle expenses, food expenses, operating expenses, public charges, and teachers’ labor expenses. Accordingly, on or around June 12, 2010, the instant child-care center was established and registered under the name of the Defendant, and the Plaintiff was the head of the said child-care center and operated

B. On December 24, 2014, E churches purchased the above church building through the auction procedure, as to the Defendant church building upon the completion of the operation of the childcare center.

Accordingly, on February 10, 2015, the plaintiff and the defendant church agreed to deliver the church building including the child-care center of this case, by receiving the surrender fees from the E.S. E. E. E.

Since then, the defendant delegated F of the name of the child-care center of this case to F of the defendant church, and the F and the plaintiff delivered the child-care center of this case to E church on February 26, 2015 and completed the operation of the child-care center of this case.

[Ground of recognition] Evidence Nos. 3 through 10, Evidence Nos. 13, Evidence Nos. 1, 3, 18, and 23, and the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff asserted that the Plaintiff subscribed to retirement pension insurance for the payment of retirement benefits of the instant childcare center under the name of the Defendant and paid a total of KRW 6,400,000 to the Defendant. The said retirement reserve was the money that the Plaintiff received and is obligated to return to the teaching staff. The Plaintiff paid the amount exceeding KRW 1,787,070 due to the Plaintiff’s mistake, and the Defendant paid the amount exceeding KRW 1,787,07.