1. The Plaintiff (Counterclaim Defendant) paid KRW 37,495,690 to the Defendant (Counterclaim Plaintiff) and its related amount from December 1, 2015 to January 19, 2017.

1. Facts of recognition;

A. From April 16, 2012, the Plaintiff operates a mutually retail store called “Emart” in Young-gu, Busan.

B. Around April 2014, Defendant B leased the above Mart’s 15,00,000 won of the lease deposit from the Plaintiff, and paid to the Plaintiff the amount equivalent to 9% of the sales of Maccop monthly in lieu of the rent. On April 14, 2015, the lease term was one year, and the lease deposit was increased to 50,000,000 won, and the Plaintiff paid all the increased lease deposit to the Plaintiff.

C. However, from May 2015 to October 2015, Defendant C worked as an employee from the above workers, and belonged to the Plaintiff by forcing the Plaintiff to enter the calculation unit as if he sold the refined goods with Defendant B without selling them. The Plaintiff around that time paid to Defendant B the remainder of KRW 12,504,310, excluding 9% of the total amount of false sales from May 2015 to October 2015, excluding 13,741,000 of the commission.

On October 2015, the Plaintiff came to know of the fact that the Defendants belonged to the Plaintiff, and Defendant B discontinued the business of the above Maccop around November 2015, and delivered the above Maccop to the Plaintiff.

【Identification Evidence】 The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1-1 through 5, each entry of Eul evidence 2, and the whole purport of pleading / The whole purport of pleading / Evidence / Evidence 6-1 through 13 each video of Gap evidence 6-1 to 13

2. Determination

A. According to the facts of the first instance judgment on the counterclaim, it is reasonable to view that the lease contract between the Plaintiff and the Defendant was terminated by the agreement between Defendant B and the time when Defendant B discontinued the business of the above static copon around November 2015 and deliver the above static copon to the Plaintiff. As such, the Plaintiff’s return of the lease deposit to Defendant B from KRW 50,000 to KRW 50,000 upon the termination of the lease contract, as seen below.