2. The defendant and C Co., Ltd. shall each be 3/10.

A. On July 5, 2016, the Plaintiff, D, and E entered into a business agreement with C Co., Ltd. (hereinafter “debtor Company”) on the joint development of Filsung F Co., Ltd. (hereinafter “instant business agreement”). On the same day, the Plaintiff transferred KRW 100 million to the debtor company as the business fund.

In the instant business agreement, if the debtor company becomes aware of the progress of the business due to the failure to properly implement the business, D, a joint guarantor company and the debtor company, agreed to refund KRW 100 million to the plaintiff.

B. On May 29, 2017, the Plaintiff subscribed for the termination of the instant business agreement to the debtor company on May 29, 2017, and the debtor company consented thereto on June 1, 2017, and notified the Plaintiff to the effect that “the Plaintiff will refund KRW 85 million remaining after the Plaintiff’s repayment of the business progress cost invested by the end of June 2017.”

C. On June 21, 2018, the Plaintiff filed a lawsuit with the Suwon District Court 2017Da34420 against the debtor company and D, and received the judgment that “the debtor company and D jointly and severally pay the Plaintiff KRW 85 million and the delay damages therefor,” and the said judgment became final and conclusive on July 13, 2018.

On the other hand, on June 7, 2017, the debtor company completed each registration of initial ownership relating to 3/10 shares of each of the 3/10 shares of each of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On the same day, on the grounds of sale as of June 5, 2017, each of the share transfer registration (hereinafter “instant share transfer registration”) was completed to the defendant, and the grounds for registration was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 12, 18 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

(a) the establishment of the preserved claim is recognized.