1. The Plaintiff (Counterclaim Defendant) paid KRW 21,046,213 to the Defendant (Counterclaim Plaintiff) and its related expenses from April 15, 2017 to July 26, 2018.

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The parties concerned as a partner company of Hyundai Motor Vehicle Co., Ltd. (AS) operated D points in Dongjak-gu Seoul Metropolitan Government (hereinafter “D points”), and the Defendant operated E points (hereinafter “E points”), and the Plaintiff and the Defendant became aware of each other at the F Association, a friendship organization, around 2001.

B. On January 28, 2015, the Defendant became aware of the Plaintiff’s transfer of the D points while the lease of the E store operated by the Defendant was in physical coloring the location to be transferred as of January 28, 2015, which expired. (2) On February 6, 2015, the Defendant concluded a contract for the transfer of business from the Plaintiff to acquire D points’ business rights and human and physical facilities.

(hereinafter “this case’s transfer of business”). On March 9, 2015, the Defendant received D points from the Plaintiff, and the Defendant received three copies of the credit card (National Card, Samsung Card, NH Nonghyup Card), five deposit passbooks, and one bank seal needed for the entry and withdrawal of the said deposit passbook, which the Plaintiff used in the operation of D points.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 and 5 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Defendant concluded the instant business takeover agreement and agreed to pay the Plaintiff the price of KRW 500 million to the Plaintiff, and to accept all the obligations owed by the Plaintiff at the time. Of the said transfer price of KRW 500 million, KRW 50 million, the intermediate payment of KRW 400 million on the date of the contract, the intermediate payment of KRW 50 million on March 14, 2015, and the remainder of KRW 50 million on April 24, 2015, respectively. (2) The Defendant paid the Plaintiff KRW 50 million on February 6, 2015, which is the date of the contract for the instant business takeover, and KRW 40 million on March 10, 2015, respectively, the intermediate payment of KRW 161 million on March 10, 2015, while the Plaintiff filed the instant lawsuit at the Yeongdeungpo-gu Branch on March 9, 2015.