A. The Plaintiff is a company that aims at the construction business, etc., and Defendant A Incorporated Company (hereinafter “Defendant Company”) is a company that aims at the manufacturing business of food-related products.

C was the representative director of the Defendant Company and resigned on June 7, 2016, and D was appointed on June 7, 2016 and resigned on January 12, 2017. Defendant B was appointed on January 12, 2017, but resigned on June 19, 2017.

(B) After E, on June 19, 2017, the representative director of the defendant company was appointed and served as the representative director of the defendant company until now).

On January 15, 2015, the Plaintiff entered into an agreement with the Defendant Company, and the Defendant Company entered into a contract with the Plaintiff for construction of a kimchi plant on the five lots, Hanam-gun, Hanam-gun, and the five lots of land (hereinafter “instant agreement”) (hereinafter “instant agreement”). Article 4(3) of the instant agreement provides that:

Article 4 (Terms of Agreement) (3) "B" (referring to "Plaintiff"; hereinafter the same shall apply) shall pay KRW 100 million to "A" (referring to "Defendant Company"; hereinafter the same shall apply) on the date of the construction agreement.

The representative director of A and the interested parties shall be jointly guaranteed and substituted by the loan certificate, and the loan certificate of B shall become void when it is received in advance.

C. On January 16, 2015, C, the representative director of the Defendant Company, at the time, prepared a loan certificate with the following contents (hereinafter “the first loan certificate”) to the Plaintiff, and Defendant B, a factory of the Defendant Company, signed the first loan certificate of this case to the Plaintiff.

Since January 19, 2015 to February 5, 2015, the Plaintiff remitted total of KRW 100 million to C’s account.

Defendant Company (Representative C) shall borrow KRW 100 million on a regular basis and make repayment until April 15, 2015, and receive it: Provided, That in accordance with the agreement on construction agreement (referring to the agreement of this case), the Plaintiff shall make payment for the completed payment for the construction cost.