A. On May 2012, C Co., Ltd. (D) and the Defendant, the representative director thereof, entrusted the Plaintiff with all business affairs related to the conclusion of a business transfer agreement for C.

(B) The plaintiff's own contract, as well as the representative of both parties.

C and the Defendant, on May 8, 2012, entered into a contract with the Plaintiff, to transfer to E all shares of C, construction business registration and license rights, all investments and loans of mutual aid associations, and all rights and obligations that are dependent on management rights and management rights (hereinafter “first transfer contract”) at KRW 220,00,000.

At this time, the plaintiff prepared 17,500,000 won, among the down payment to be paid by E, and remitted it to the defendant.

However, according to the fact that E does not pay any balance, the first transfer contract was destroyed.

C. On May 31, 2012, when the transferee was not determined, C and the Defendant again entered into a contract to transfer the above subject matter to the transferee’s agent amounting to KRW 175,000,000 (hereinafter “second transfer contract”). Accordingly, the Plaintiff first paid KRW 30,000,000 to the Defendant as down payment.

Meanwhile, the second transfer contract, unlike the first transfer contract, provides that “If the contract is terminated due to different opinions, the contract shall be returned without compensation for each of the causes attributable to the parties.”

On May 31, 2012, the date of concluding the second transfer contract, the Defendant issued to the Plaintiff a letter of undertaking stating that “The Plaintiff shall return KRW 17,500,000,000 that the Plaintiff remitted to the first transfer contract at the time of receipt of the remaining amount. He received KRW 30,000,000 from the Plaintiff of the second transfer contract.”

However, this contract was also reversed when the transferee of the second transfer contract did not pay any balance due to the absence of the contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination:

A. The plaintiff first, and the plaintiff.