1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and the revocation part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who operates dental services with the trade name called “Cental branch” (hereinafter “instant dental services”). The Defendant is a person who operates dental services with the trade name of “D” in “D.”

B. On December 24, 2015, the Plaintiff entered into a service contract under which the Defendant received human resources to work in the instant dental services and the Defendant paid the Defendant remuneration (hereinafter “instant contract”). The main content is as follows.

The term of the instant contract is from January 4, 2016 to January 3, 2017.

The defendant shall assist the plaintiff with ice support human resources in various forms.

When a contract is concluded, temporary human resources are provided to the Plaintiff for one to two months, and then fixed human resources are transferred to the Plaintiff.

Down payment shall be determined as KRW 23,800,000, one-fourth of the annual total expenses of KRW 95,200,000, and the expenses shall be paid by the plaintiff as the late payment on the fifth day of each month, and the expenses of KRW 10,11, and December (the expenses of the relevant human resources for three-month wages and operating expenses) of KRW 3/4 shall be replaced by the already paid down payment.

C. According to the above contract, the Plaintiff paid the down payment of KRW 23.8 million to the Defendant, and the Defendant provided two temporary human resources to the Plaintiff in January 28, 2016, which is the business day during which the contract period of this case begins. On January 28, 2016, the Plaintiff expressed his/her intent to cancel the contract to the Defendant on the ground that “the provision of human resources is delayed,” through the word, on the ground that “the provision of human resources is delayed,” and the Defendant returned the down payment of KRW 23.8 million, which was already paid to the Plaintiff, to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. Not only the Plaintiff’s assertion that the temporarily provided human resources by the Defendant was not helpful to the management of dental services operated by the Plaintiff, but also the fixed human resources offered by the Defendant.