1. The Defendant (Counterclaim Plaintiff) paid KRW 25,358,090 to the Plaintiff (Counterclaim Defendant) and its related amount from April 25, 2016 to April 17, 2018.

1. Basic facts

A. On January 1, 2009, the Defendant leased the above building from D Co., Ltd. which was the owner of the building on the ground of Daegu-gu C, Daegu-gu, and sublet it again.

B. On May 2, 2013, the Defendant concluded a sublease contract between the Plaintiff and the Plaintiff with respect to approximately 40,00,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,000,00,000,00,00,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00.

C. Meanwhile, E Co., Ltd (hereinafter “E”) acquired the ownership of the building on March 12, 2014, and sent to the Defendant a certificate of the content that the lease contract is terminated with the Defendant on September 5, 2014. On October 16, 2014, the Plaintiff sent the certificate of the content that demanded the transfer of the instant real estate to the Plaintiff. On October 24, 2014, the Plaintiff filed a transfer lawsuit against the Plaintiff and the Defendant on October 15, 2015, and delivered the instant real estate on November 18, 2015 according to the court’s compulsory adjustment order.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6-1, 2, 9-1, 2, and 21; the purport of the whole pleadings

2. The parties' assertion

A. As a result of the termination of the instant sublease contract by the Plaintiff’s assertion, the Defendant is obligated to refund KRW 40,000,000 to the Plaintiff due to its restitution.

There is no rent or public charge that the plaintiff has not been paid to the defendant by September 2014, and the defendant is the defendant.