1. The part concerning the principal lawsuit in the judgment of the first instance is modified as follows.

A. Defendant (Counterclaim Plaintiff) is the counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. On December 7, 2015, the Defendant entered into a contract between the Plaintiff and the Plaintiff to transfer the business of the said private teaching institute (hereinafter “instant contract”) under the following conditions while operating the private teaching institute with the trade name “C driving school” (hereinafter “instant private teaching institute”).

The owner shall pay to the Plaintiff KRW 30 million for the premium of a driving school (the principal student and the facility of a driving school) as set forth above.

The above premium shall be paid in installments for ten months on December 31, 2015 (Provided, That the first month portion shall be paid in advance upon contract). The transfer of the name of a private teaching institute shall be September 30, 2016 in which the full amount of the premium was paid.

The transfer and acquisition of a driving school shall be December 31, 2015, and the tuition fees of a driving school shall be owned by the defendant before December 20, 2015, and the tuition fees of a driving school shall be owned by the plaintiff.

All the expenses related to the transfer and acquisition of a private teaching institute (such as rent, management fee, instructor's salary, employee's retirement allowance, and water luminous heat, etc.) shall be borne by the defendant up to December 31, 2015 (Provided, That the plaintiff will provide a subsidy of one million won for the instructor). The plaintiff bears all all the expenses incurred after January 1, 2016 (such as rent, management fee, instructor's salary, employee's retirement allowance, water luminous heat, etc.).

The plaintiff shall pay 10 million won to the defendant with the deposit for transfer of the name of the above private teaching institute, and shall be deducted from the building deposit at the time of transfer of the name.

The payment of deposit shall be made on December 31, 2015, and one million won, which is the down payment, shall be paid at the rate of 1 million won, December 10, 2015.

9. The card settlement deadline and the deposit passbook of a private teaching institute shall be changed to the Plaintiff (the date of change shall be December 21, 201). B. Under the instant contract, the Plaintiff paid the Defendant KRW 10 million, totaling KRW 10 million on December 7, 2015, and KRW 9 million on December 31, 2015, to the Defendant as a deposit for transfer of the name, and KRW 3 million on January 7, 2016, KRW 400,000,000,000,000,000,000,000,000 won on a premium first time, and KRW 1,00,000,000,000,000,000 won

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, 3.