A. On December 2014, the Plaintiff and Defendant B Law Firm (hereinafter “Defendant B”) received total of KRW 300,000,000,000, including the down payment amount of KRW 50,000,000 from the Plaintiff in return for the settlement of surrenderance and lien, etc. in the case of F Real Estate Auction of Real Estate in Seoul Central District Court (hereinafter “instant building”), and Defendant B made the Plaintiff purchase of KRW 501 of Seocho-gu Seoul Central District Court G501 (hereinafter “instant building”) from the Plaintiff, and the remainder of KRW 150,00,00,00,000 from the Plaintiff in return for the settlement of surrenderance and lien, etc. (hereinafter “instant delegation agreement”). In the event that Defendant B fails to comply with the agreement, Defendant B agreed to compensate for the down payment from the paid price, and the remainder of the price shall be returned (hereinafter “instant delegation agreement”).

B. Under the instant delegation agreement, the Plaintiff paid Defendant B the remainder KRW 150,00,000,000 for the down payment on November 25, 2014, and the intermediate payment of KRW 100,000,000 on December 10, 2014, and the remainder of KRW 150,000,000 on January 30, 2015.

C. After all, the instant building was awarded to a third party on April 17, 2015, and the Plaintiff demanded that Defendant B pay KRW 350,000,000 to the Plaintiff according to the instant delegation agreement.

Defendant C, the representative attorney of Defendant B, on May 14, 2015, prepared a letter of payment under Defendant B’s name, stating that “The Plaintiff shall be paid KRW 350,000,000 to the Plaintiff by June 28, 2015,” and the Plaintiff and Defendant B changed the date of payment under the said letter of payment to August 28, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1, 2, 3, Gap evidence 4 and 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The chief executive officer of Defendant B and Defendant B may receive the completion of the construction of the instant building from the Plaintiff’s assertion. If it is impossible to award the construction of the instant building, he/she shall return KRW 300,000,000 to the Plaintiff, and as if he/she would compensate the Plaintiff for the amount of KRW 50,000,000 equivalent to the down payment, he/she deceiving the Plaintiff, thereby receiving KRW 300,00,000 from the Plaintiff at the expense of resolving lien and designing business.