1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 29, 2015 to January 6, 2017.

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. The pertinent Plaintiff between the parties is a person who operated a restaurant (hereinafter “instant restaurant”) in the name of “D store” in the macro-si. The Defendant is a person who acquired the instant restaurant business as follows. E is an employee from April 2015 to a person who operated the instant restaurant after the Defendant acquired the instant restaurant.

B. On June 1, 2015, the Plaintiff and the Defendant agreed to transfer the instant restaurant business to the Defendant at KRW 195,000,000 (including KRW 50,000 on a deposit basis) of the instant restaurant business operated by the Plaintiff, and entered into a contract with the following contents:

(hereinafter “The down payment amount of KRW 20,000: The intermediate payment of KRW 145,00,000 on the day of conclusion of the contract: The remainder of KRW 30,000: the day of operation of a restaurant within three months after the contract was concluded: The intermediate payment was made from June 1, 2015 at the time of the initial contract from the date of the intermediate payment payment to the date of the contract, but the said change was thereafter changed. The Plaintiff supports and cooperates with the overall operation of the restaurant, such as the transfer and takeover of the business (3 months) until the remainder is paid so that the Defendant can smoothly operate the restaurant (hereinafter “instant contract”).

On the other hand, on June 1, 2015, the defendant and E agreed to jointly operate the restaurant of this case with the content that the defendant and E shall invest in the restaurant acquisition fund, the operation of the restaurant shall be in charge of E, and E shall receive fixed benefits each month, the income from which the guard is deducted shall be the defendant, but if the monthly income exceeds 10 million won, the excess amount shall be distributed to 50:50.

The Defendant paid the price and the restaurant operating KRW 20,000,000 on the day of the instant contract, and paid the intermediate payment of KRW 145,000,000 to the Plaintiff respectively on June 30, 2015.

Since July 1, 2015, E had registered its business under its name and operated the instant restaurant.

[Grounds for recognition] Class A, Nos. 1, 4, 5, and 5.