2. The costs of lawsuit shall be borne by the Plaintiff.

After acquiring E Co., Ltd. (E) as a construction company, the Plaintiff, C, D, and Defendant (E’s birth) transferred its trade name to F Co., Ltd. (F) on January 21, 2009.

On January 21, 2009, the Plaintiff assumed office as the representative director of F on January 21, 2009, and the shares of F were owned by the Plaintiff, C, and C, respectively, 33%, and D.

D and the defendant renounced their shares to F on October 20, 209 and transferred them to C.

On July 1, 2010, the Plaintiff entered into an agreement with G and F as follows:

① In order to enter into the F’s transfer/acquisition agreement, G shall pay to the Plaintiff KRW 10,00,000 as a performance deposit on July 1, 2010, and the Plaintiff shall guarantee G’s business activities.

② G shall pay the Plaintiff KRW 10,000,000 each over twice on July 11, 2010 and July 21, 2010, as well as enter into a F Transfer Agreement. The transfer amount shall be KRW 120,000,000.

On July 22, 2010, the Plaintiff concluded a contract for transfer/acquisition of G and transfer proceeds to F with the amount of KRW 120,000,000, and the remainder amount of KRW 90,000.

On July 23, 2010, the Plaintiff resigned from F’s representative director, G was appointed as F’s representative director on the same day, and the Defendant retired from F’s office on March 31, 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 5, 18, and Eul evidence No. 3

A. On October 2008, the Plaintiff asserted 1, 2008, upon introduction of C by a policeman at early October 21, 2008, agreed to jointly acquire a construction company by investing KRW 50,000,000 in each of the c, D and the Defendant, and acquired E around January 21, 2009.

The Plaintiff was paid KRW 150 million to the Defendant’s passbook, but the Defendant paid KRW 18 million as the acquisition price, and embezzled KRW 42 million.

The defendant is one of its own investments worth KRW 42 million embezzled as above.