The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and the same from March 3, 2016 to the date of full payment.

Facts of recognition

On October 5, 2015, the Plaintiff entered into a contract with the Defendant to transfer the Esing room (hereinafter “instant singing room”) operated on the fourth floor of the Seo-gu World Trade Organization (hereinafter “instant building”) located in Seo-gu, Daejeon (hereinafter “instant building”) a lease deposit of KRW 30 million, premium of KRW 128 million and premium of KRW 158 million (hereinafter “instant transfer contract”).

On October 12, 2015, the Defendant paid KRW 5 million to the Plaintiff the down payment as a check, and paid KRW 113 million to the Plaintiff on October 12, 2015.

The plaintiff borrowed KRW 1 million from the defendant on the same day, and the above borrowed money was to be deducted from the unpaid premium.

On October 13, 2015, after the conclusion of the instant transfer contract, the Defendant entered into a lease agreement with the lessor F for the instant singinging business at a certified judicial scrivener office located in Daejeon-dong (hereinafter “instant lease agreement”).

On November 11, 2015, the Defendant paid KRW 9 million out of the unpaid premium to the Plaintiff.

After the Plaintiff transferred the instant singing to the Defendant, the Plaintiff is running a dan (hereinafter “instant dan”) business after taking over the “D” on the first floor of the instant building.

On the other hand, on August 28, 2015, the Plaintiff borrowed KRW 5 million from G, the Defendant’s words, and on October 12, 2015, borrowed KRW 15 million.

G claimed a payment order with the Plaintiff as the debtor on the ground that the Plaintiff did not repay the above borrowed money, stating that “the Plaintiff loaned KRW 5 million to the Plaintiff on August 28, 2015 because it was insufficient to take over the D dan and thereafter, on October 12, 2015, the Plaintiff extended additional KRW 15 million on the ground that the Plaintiff did not pay the remainder after taking over the D dan,” and stated that “The Plaintiff borrowed additional KRW 15 million on the ground that it was not yet paid the remainder.”

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 5, and 8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 15, and the purport of the whole pleadings as to the plaintiff's main claim.