A. The Plaintiff is a director of C Co., Ltd. (hereinafter “instant company”) from March 2, 2003 to March 12, 2009, and a director of the instant company from March 12, 2009 to December 11, 2012.

B. On November 22, 2010, the Plaintiff provided credit guarantee within the scope of KRW 200,000,000 for loans to our banks of the instant company.

C. On December 30, 2012, the instant company entered into an agreement on repayment of loans, stating that “The said deposit (212,000,000 won in balance of loans) guaranteed by the Plaintiff who resigned from the position of a director in the company is to take over or redeem the entire debt by January 31, 2013,” with the Plaintiff.

Meanwhile, the instant company has paid the Defendant money in the name of payment from April 2009 to November 201, 2012 (However, as seen below 3. E.

As of June 14, 2013, the extraordinary general meeting meeting minutes of the instant company were prepared, which was held on June 14, 2013, to transfer to the Plaintiff the claim for return of unjust enrichment against the Defendant by the instant company.

F. On June 14, 2013 between the instant company and the Plaintiff, “The instant company transferred to the Plaintiff a claim for return of unjust enrichment of KRW 212,00,000,000, out of the benefits paid unjustly to the Defendant from July 2006 to December 2012, 2012 (hereinafter “instant claim transfer”) was drafted by the agreement on assignment of assignment.”

On June 25, 2013, the instant company sent to the Defendant a certificate of content that it transferred the claim as above, and reached the Defendant around that time.

G. D In the case of Seoul Southern District Court Decision 2014Gohap416, 534 (Joint) and 2015Gohap57 (Joint) on July 20, 2017, D falsely prepares an account book as if “D, the actual operator of the instant company, pays KRW 112,704,190 to the Defendant who did not have actually worked as wages, and then prepares the account book as if it were paid KRW 112,704,190.