1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 1, 2015, while the Plaintiff was operating a restaurant in the name of “D store” (hereinafter “D store”), the Plaintiff concluded a contract with the Defendant under the following terms and conditions (hereinafter “instant contract”) with the Defendant: (a) to transfer all the business facilities, etc. of the said restaurant to the Defendant at KRW 195 million; and (b) to the Defendant:

Price: KRW 195 million (10 million for lease on a deposit basis, KRW 145 million for premiums): KRW 20 million for the payment of the down payment: KRW 145 million for the intermediate payment on the date of conclusion of the contract: The remainder of KRW 30 million for one month after the contract is concluded: The date of operation of the restaurant for three months after the contract is concluded: The intermediate payment from the date of the intermediate payment to the time of the payment of the balance (3 months) to the time of the late payment for the plaintiff's smooth operation of the restaurant.

B. From June 1, 2015, the Defendant agreed to jointly operate the instant restaurant by taking over the instant restaurant from the Plaintiff to E, who worked as an employee at the instant restaurant from around two months ( around April 2015).

The defendant shall bear the proceeds of the business of the restaurant of this case, and the operation of the restaurant shall be in charge of E.

E is paid a fixed amount (3 million won) monthly, and income from which the security body is deducted shall be the defendant's share.

Where monthly income exceeds KRW 10 million, the amount in excess shall be allocated to the defendant and E to 50:50.

C. The Defendant paid the Plaintiff the down payment of KRW 20 million on the date of the instant contract, and paid the intermediate payment of KRW 145 million on June 30, 2015, E began to operate the restaurant after completing business registration of the instant restaurant in its name from July 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 1, Eul evidence 1, Eul witness E, testimony of the court of first instance and the purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. We examine the judgment on the cause of the claim, and transfer and take over the instant restaurant between the Plaintiff and the Defendant.