A. On April 13, 2015, the Plaintiff was recommended by the Defendant to make an investment in C Company (hereinafter “C Company”) and invested KRW 48,000,000 in the Non-Party Company on April 17, 2015. The Plaintiff was paid KRW 12,00,000 as investment profits on June 23, 2015.

B. On July 29, 2015, the Plaintiff asked the non-party company to invest KRW 240,000,000 in the non-party company, and then remitted KRW 240,000 to the deposit account in the name of the Defendant (hereinafter “instant investment”).

A person who received the remittance of the amount from the first day on July 29, 2015 (the first day) 3,00,000 D July 29, 2015 (the second day) 3,000 E 7,00,000 E July 29, 2015 (the second day) 3,000,000 F 4 July 29, 2015 (the second day) 6,50,000 G 5 July 29, 2015 (the second day) 5,00,000 G 5 July 29, 2015 (the second day) was July 30, 2015, 130,00 H 138,06,40,400 LO on July 29, 2015)

C. After receiving KRW 240,000,000 from the Plaintiff on July 29, 2015, the Defendant remitted KRW 96,00,000 to the non-party company as the Plaintiff’s investment in the non-party company. Of the remainder of KRW 144,00,000, KRW 138,016,400, out of the remainder of KRW 144,000,000, the Defendant remitted KRW 2,000,000 to the Plaintiff on July 30, 2015 as indicated below.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, 5, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is on the following grounds that the Plaintiff claimed 144,000,000 won against the Defendant and damages for delay.

1. The Plaintiff used KRW 144,00,000,000, excluding KRW 96,000,000,000, which was remitted from the Defendant for the purpose of investment in the non-party company as investment in the non-party company, for the personal purpose, even though it was remitted to the non-party company as investment in the non-party company. This constitutes a loss to the Plaintiff by arbitrarily disposing of KRW 144,00,00,000, which was the Plaintiff’s property, which was kept in violation of his/her occupational duty for the purpose of pursuing himself/herself or a third party’s interest.