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

A. On March 7, 2013, the Plaintiff concluded a contract with the same content as the attached Form (hereinafter “instant contract”) through B, who is called as the Chairperson of the Defendant Company. The instant contract is accompanied by the Defendant’s business registration certificate, certificate of seal impression, and copy of the Defendant’s representative director C’s resident registration certificate at the time of the conclusion of the said contract.

B. Under the instant contract, the Plaintiff first paid KRW 50 million to the new bank account (Account Number D) in the name of the Defendant, and KRW 250 million to the land trust account in the name of the Korea Land Trust designated by the Defendant.

C. Meanwhile, on March 5, 2013, E opened a new bank account under the name of the Defendant, and the bank transaction application for the said passbook is accompanied by a certificate of seal impression of the Defendant corporation, C’s resident registration copy, and the Defendant’s power of attorney.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 1 to 1, Gap evidence 2-1, Gap evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. Although the Defendant, who granted the right of representation from the Defendant, concluded the instant contract, the Defendant did not pay capital for issuing new shares and borrowed money pursuant to the instant contract, and the Plaintiff cancels the instant contract by serving the instant complaint on the Plaintiff. Therefore, the Defendant shall return KRW 50 million, which was already paid to the Plaintiff as restitution to the original state.

Even if B did not have the authority to conclude the instant contract on behalf of the Defendant, according to the Defendant’s argument, B conspired with the Defendant with the certificate of seal impression, the representative director’s resident registration, and the F and E to whom the power of attorney was issued, and it is reasonable to interpret that the Defendant externally indicated B the power of attorney or the basic power of attorney to represent the Defendant. As such, the Defendant is obliged to return KRW 50 million to the Plaintiff according to the rescission of the instant contract under Article 125 of the Civil Act or Article 126 of the Civil Act.

(b).