1. Revocation of the first instance judgment.

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3.The proceedings shall be brought in the trial.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (formerly: C Co., Ltd.) is a company established for the purpose of real estate development services, consulting, sale in lots, etc., and the Defendant is a company established for the purpose of real estate sale agency business.

F Regional housing associations (hereinafter referred to as the “instant association”) are regional housing associations established under the Housing Act to promote housing construction projects (hereinafter referred to as the “project of this case”) at the Olyang-si, Namyang-si.

B. On March 13, 2018, the Defendant entered into a contract for recruitment of union members with the content that the Defendant would act as a proxy for the instant association’s member recruitment and advertising business for the instant association on behalf of the said association, and entered into a contract for partial modification on April 19, 2018 (hereinafter “instant recruitment agency contract”). Under the instant recruitment agency contract, the Defendant would have received KRW 16,50,000 for each household recruitment service fee from the instant association [the KRW 10,500,000 for sales service fee of KRW 3,50,000 for sales service fee of KRW 10,000 for each household [the KRW 1,50,000 for value-added service fee of KRW 1,50,000 for sales service fee of KRW 1,500 for sales service fee of KRW 1,500 for 0,000 for the instant association]; and

The Defendant deposited KRW 616,30,000 in total in the deposit account in the Plaintiff’s name (Evidence No. 8) as of the following table (hereinafter “the deposit slip”) (hereinafter “the deposit slip in this case”). The temporary amount No. 300,000,000 on April 23, 2018, May 11, 2018; 30,000,000 on June 4, 2018; 50,000,000,000 on June 5, 2018; 50,000,000 on June 5, 2018; 36,000 on June 36, 200, 3000,000 on June 26, 2018; 10,0000,0000, 000,630,6006,630,6000

D. The Plaintiff’s tax invoice of KRW 500,000,000 (the sum of the deposits Nos. 1 through 4 of the instant deposit slip), 36,300,000 (the same shall apply to the instant deposit slip Nos. 5) on June 11, 2018; the electronic tax invoice of KRW 80,000 on June 26, 2018 (the date and amount of the instant deposit slip No. 80,000) (the deposit slip No. 6).