2. The costs of lawsuit shall be borne by the Plaintiff.

A. Since around 2011, C, the Plaintiff’s South-North East-gu, operated “E” (hereinafter “instant marina”) in Daegu-gu, Daegu-gu, and the Plaintiff worked as an employee of the said marina.

B. On July 16, 2015, C was unable to operate the instant marina due to traffic accidents. On July 29, 2015, the Plaintiff opened a new national bank account in its own name and operated the instant marina.

C. Since then, the Defendant, a spouse of C, filed a petition for adjudication on commencement of adult guardianship for C, and received a decision on appointment on May 31, 2016, and thereafter commenced to participate in the instant marina operation, and the Plaintiff gradually excluded from the instant marina operation.

Around January 2017, the Plaintiff demanded the Defendant to pay the money used as operating funds, etc. of the instant marina, and submitted to the Defendant a document demanding the Defendant to pay some of KRW 60 million out of the total amount of investment KRW 76 million (including KRW 36 million, KRW 18 million in cash, KRW 9 million in general loan, KRW 13 million in insurance loan, KRW 13 million in general loan, and KRW 15 million in full within three months in 2017, and the Defendant written out a document demanding the Defendant to pay the money within five months in 2017 (hereinafter “instant document”). The Defendant written the above document stating that “The amount is confirmed at the time of submitting a receipt, confirmation of the details of bank transactions, and complete payment.”

E. Meanwhile, on February 28, 2018, the Daegu District Prosecutor’s Office rendered a summary disposition as to the case where the Defendant filed a complaint against the Plaintiff on the charge of occupational embezzlement, alteration of private documents, or uttering of altered private documents, as to the embezzlement of occupational embezzlement on February 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, 15, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. On January 2017, the Defendant: (a) confirmed the Plaintiff’s receipt of investment and the details of bank transactions; and (b) agreed that the Plaintiff shall complete payment. Between September 2015 and October 2016.