On March 2, 2012, the Plaintiff and the Defendant concluded a technology and development advisory contract with the purport that the Defendant provided technical and development advice as follows and the Plaintiff shall pay 500,000,000 won for advisory fees:

(hereinafter referred to as “instant advisory contract”). The Plaintiff provided the Defendant with KRW 400,000,000 in total, on March 2, 2012 and March 6, 2012, each of the following dates: (a) consulting on and consulting on the development of advisory network service-based technologies for the development of smart content-based services; and (b) consulting on other matters related to the research and development of IT technology; and (c) consulting on other matters related to the project, according to the said advisory contract.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 and 3, and the argument of abuse of power of representation as to the claim of main claim of the plaintiff as to the purport of the entire pleadings, the main point of the plaintiff's assertion was that Eul, at the time, abused its authority for the purpose of promoting one's own or the defendant's interest regardless of the purpose of profit-making of the plaintiff company, and the defendant knew or could have known the above C's authenticity, so the advisory contract of this case

Therefore, the defendant is obligated to return the advisory fee of KRW 400,000,000 paid by the plaintiff.

Judgment

In this case, the advisory contract of this case was concluded for the purpose of promoting C or defendant's interest, regardless of the plaintiff's profit purpose. Rather, according to the evidence Nos. 3 and 5 of this case, D (hereinafter "D") which is a major shareholder of the plaintiff company, was aware of the terms and conditions of the advisory contract of this case through C prior to the conclusion of the advisory contract of this case, and it was recognized that D distributed the report data on this case to the press company after the conclusion of the advisory contract of this case and reported this fact through some media companies.