1. The Plaintiff (Counterclaim Defendant)’s appeal against the instant principal lawsuit and counterclaim and the instant counterclaim by the Defendant (Counterclaim Plaintiff).

1. The first instance court dismissed each of the Plaintiff’s claims for compensation for embezzlement and reimbursement of advance payment fees, among the Plaintiff’s claims on the principal lawsuit.

In this regard, the part of the plaintiff's appeal against the claim for damages against embezzlement and the part of the claim for the redemption of the remainder of the advance payment is excluded from the subject of the judgment of this court. Therefore, the subject of the judgment of this court is limited to the claim for damages against embezzlement.

2. The reasoning of the court's explanation concerning this case is as follows: ① the plaintiff in Part 6 of the judgment of the court of first instance shall be changed to "the defendant"; ② the plaintiff and the defendant added the following judgments as to the newly asserted matters, i.e., the part corresponding to the reasoning of the judgment of the court of first instance, and thus, they shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Additional determination

A. On February 17, 2017, the Plaintiff asserted that at the time of the enactment of the instant additional agreement (No. 2), the Defendant signed the said agreement with the intent to recognize that the “the balance of KRW 7,559,153” recorded in the import and expenditure statement attached to the said agreement is embezzlement, and that the Defendant additionally embezzled KRW 11,68,201 from February 27, 2017 to August 25, 2017, the Defendant was not obligated to pay the Plaintiff a sum of KRW 19,247,354,00,000,000 from February 17, 2017, and the Defendant signed the said agreement with the intent to recognize that the amount of KRW 7,559,153,00,000,000,000,000,000,000 won was embezzlement, and the Defendant’s additional statement No. 251,000,000 won,00.