1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 from the Plaintiff (Counterclaim Defendant) and its related thereto from January 13, 2017 to April 25, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff set up a lease contract with the Plaintiff and the lessee as the Defendant, on the condition that the Plaintiff leased D commercial buildings located in the Busan Northerndong, which it has the right to sell in lots, to the Defendant, and received KRW 20 million from the Defendant on January 12, 2015. However, the said contract states that the lease deposit amount is KRW 20 million, and the said contract guarantees KRW 30 million at the expense of the right.

B. The Plaintiff received an additional amount of KRW 10 million from the Defendant on January 15, 2015 from the Defendant, and prepared a certificate of borrowing KRW 30 million to the Defendant. However, the said certificate of borrowing stated that “the said amount shall be invalidated when resolving the portion of the right to lease is resolved.”

C. On March 6, 2015, the Plaintiff received additional amount of KRW 20 million from the Defendant, including KRW 6 million, KRW 20 million on March 7, 2015, KRW 12 million on April 10, 2015, and KRW 20 million on April 10, 2015, and again drafted a lease agreement to the Defendant that provided the Plaintiff and the lessee as the Defendant. However, the said agreement states that the lease deposit is KRW 50 million, and the said deposit is KRW 40 million at the cost of the right.

As to the real estate indicated in the attached list (hereinafter “instant real estate”), the Plaintiff completed the registration of the establishment of the mortgage over the maximum debt amount of KRW 50 million as of April 10, 2015, the Busan District Court Decision No. 25112, which was received on April 10, 2015.

(hereinafter “instant collateral security”). E.

The Plaintiff paid to the Defendant KRW 30 million in total, including KRW 10 million on November 11, 2015, and KRW 20 million on November 12, 2015.

F. On June 17, 2016, the Plaintiff sold the instant real estate to E, and completed the registration of ownership transfer under the name of E with respect to the instant real estate on the same day.

G. On July 13, 2016, the Defendant sent to the Plaintiff and E a content-certified mail demanding the reimbursement of KRW 50 million equivalent to the maximum debt amount of the instant right to collateral security, and on the same day, on the basis of the instant right to collateral security.