A. On June 25, 2013, Defendant C (hereinafter “Nonindicted Company”) loaned KRW 50,000,000 to Defendant C who worked as the vice president of the Nonparty Company, and agreed to receive KRW 1,500,000 per month, including interest, during the period from November 5, 2013 to October 5, 2016. At the time, Defendant C, the spouse of Defendant C, guaranteed the Nonparty Company to pay the above loan obligation to the Nonparty Company.

B. Meanwhile, on February 25, 2014, the non-party company filed an application for rehabilitation with the Changwon District Court No. 2014hap10, and received a decision to commence rehabilitation from the above court on March 25, 2014. The non-party company becomes a manager deemed as the representative director of the non-party company and continues rehabilitation proceedings.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 7, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50,000,000 and the amount of delay damages calculated at the rate of 20% per annum as stipulated in the Civil Act until July 2, 2014; Defendant D shall be liable to pay to the Plaintiff the amount of KRW 50,000 and the amount of delay damages calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from June 25, 2013 to June 25, 2014, and Defendant D shall be liable to pay to the Plaintiff the amount of delay damages, calculated on July 15, 2014 (at least on July 15, 2014, the copy of the complaint of this case was served to Defendant D with the payment order).

3. Determination as to Defendant C’s assertion

A. Defendant C’s assertion 1) agreed that Defendant C would receive 5% of the contract amount of air conditioners that Defendant C operated and received between the non-party company and the non-party company. (2) Defendant C had worked as the vice president of the non-party company from January 2012 to October 2013, and ordered air conditioners of KRW 7,024,30,000 in total as shown in the attached Table on the present status of construction order, and thus, the non-party was awarded a contract amount of KRW 351,00,000 equivalent to approximately 5% of the contract amount.