1. Defendant (Counterclaim Plaintiff) and Defendant D jointly share KRW 46,600,000 and KRW 40,000 among them.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs are the owners of the buildings indicated in the attached list, and the Plaintiff A was the business registration holder of the “E” restaurant located on the first floor of the said building (hereinafter “instant restaurant”).

Since January 2009, the instant restaurant was actually operated by the Plaintiff’s mother F from January 2, 2009. The instant restaurant was drafted on August 21, 2018 through negotiations between F and Defendant C with respect to the said restaurant and the transfer contract under the name of the Plaintiff A and Defendant D, and the lease contract under the name of the Plaintiffs and Defendant D.

The main contents thereof are as follows:

(1) A contract under each of the above contracts (hereinafter referred to as the “instant contract for business transfer and lease”) . (1) The instant contract for the business transfer: A contract for the business transfer of this case shall be transferred to KRW 100,000,000,000, and the down payment of KRW 60,000,000 shall be paid at the time of the contract, and the balance of KRW 40,000,000 shall be paid at the time of the contract, and a separate collateral security shall be established to secure the payment thereof (the above contract for business transfer is under the name of the Plaintiff A, but there is no dispute over the facts that the Plaintiffs are parties to the above contract.

2) The instant lease agreement: The lease deposit is KRW 30,00,000, monthly rent of KRW 3,000,000 (value-added tax separate), the payment date of the rent of KRW 5,00,00 per month, and the lease period shall be from September 5, 2018 to September 5, 2028, and the lessee’s name may be changed under agreement.

B. Under the instant business transfer and lease agreement, Defendant C commenced business upon delivery of the instant restaurant on September 5, 2018. By October 4, 2018, Defendant C completed the payment of KRW 30,000,000, which was agreed to as the down payment, among the lease deposit and the transfer payment, until October 4, 2018.

C. However, under the instant contract for the transfer of business, the remainder amount of KRW 40,000,000 that was agreed to pay on December 31, 2018 was not paid, and the said obligation to set up a collateral security right to secure the claim for the payment for the transfer of business was not fulfilled.

In addition, according to the instant lease agreement, January 2020.