1. On September 19, 2012, the Defendant (Counterclaim Plaintiff) paid KRW 80,00,000 to the Plaintiff (Counterclaim Defendant) and KRW 49,272,960 among them.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 8, 2012, the Plaintiff entered into a contract for the acquisition of a store with the trade name “E” (hereinafter “E” in this case), ancillary facilities, equipment, etc. in the business name “E” owned by the Defendant in the Cheongju-si (hereinafter “instant store”) to acquire KRW 135 million in price, and agreed to pay the Defendant a down payment amount of KRW 20 million in the same day, and KRW 15 million in the remainder until April 30, 2012. Accordingly, on March 30, 2012, the Plaintiff paid the Defendant a down payment of KRW 20 million in the remainder under the name of the Defendant, but did not pay the remainder until the payment date.

B. Nevertheless, in lieu of cancelling the above contract on May 15, 2012, the Plaintiff and the Defendant again concluded a store acquisition agreement with the same object and the same price (hereinafter “instant store acquisition agreement”). The Plaintiff paid KRW 60 million to the Defendant by May 20, 2012, KRW 40 million up to May 26, 2012, and KRW 35 million up to August 30, 2012, respectively. However, if all remainder is paid, the Plaintiff again agreed to prepare a lease agreement with the Defendant changing the name of the lessor and the Plaintiff from the Defendant to the Plaintiff, and accordingly, the Plaintiff paid KRW 60 million to the Defendant on May 17, 2012, KRW 70 million up to July 9, 2012, KRW 35 million up to August 30, 2012, respectively.

C. On May 15, 2012, the Plaintiff: (a) transferred the instant store from the Defendant to October 2012 in accordance with the instant store acquisition agreement; (b) possessed and used the instant store until October 2012; (c) discontinued the business thereafter; and (d) delivered the instant store to the lessor C around February 2013 while leaving the door of the said store unattendedd.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 through 8, Eul evidence Nos. 1 and 3 (including those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the revocation or cancellation of the instant contract for the acquisition of a store in this case