1. The Defendant (Counterclaim Plaintiff) paid KRW 680,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from December 21, 2015 to September 10, 2016.

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On September 4, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 680,000,000 for the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”), and the down payment of KRW 30,000 for the intermediate payment of KRW 500,000 on the date of the contract, and the intermediate payment of KRW 500,000 for the intermediate payment of KRW 150,000 until September 12, 2014 (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 30,00,000 for the same day, and the Defendant paid KRW 50,000 for the intermediate payment of KRW 50,000 on September 12, 2014, respectively.

B. The Plaintiff paid KRW 150,000,000 to the Defendant, the sum of KRW 130,000,000 on November 4, 2015, and KRW 20,000 on December 20, 2015.

(hereinafter “instant payment”). C.

(1) On February 6, 2013, the Defendant concluded a lease agreement with C, the representative director of which is the Plaintiff, to lease the instant real estate at KRW 50,000,000 per deposit, KRW 5,000 per month of rent (excluding value-added tax), and the period from February 6, 2013 to February 5, 2017 (hereinafter “instant lease agreement”).

(2) According to Article 8 of the instant lease agreement, the Plaintiff and C filed an application with the Plaintiff for payment order seeking payment of KRW 60,650,000, total sum of the deposit balance under the instant lease agreement and KRW 40,650,000,00 from June 5, 2014.

After that, in the case No. 2014Gada32113 against which the plaintiff raised an objection, the defendant is jointly and severally with the defendant as to KRW 60,650,00 and KRW 20,000 among them, as to KRW 60,650,00,000, respectively, from July 1, 2013, and from January 15, 2015.