1. The part concerning the principal lawsuit in the judgment of the first instance is revoked, and all of the claims filed by the plaintiff (Counterclaim defendant) are dismissed.

2.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 12, 1982, the Plaintiff is a foundation established for the purpose of running a park cemetery business in the Chungcheongnam-si, Chungcheongnam-si, and the Defendant is a company engaged in the construction business. E and his Chokdong worked as the Plaintiff’s director and the representative director for two times in the past, and again worked as the Plaintiff’s director (E) and the representative director (G) from June 4, 2010 to May 10, 2013.

B. As between E and E using the Plaintiff’s name on December 16, 2010, the Defendant entered into a construction contract with the Plaintiff for a construction project with the content that the Defendant would be awarded a contract to create “C cemetery” on the D Day as the construction area of the construction project area of 36,363.63 square meters (11,000 square meters) from the Plaintiff on January 15, 201, the date of commencement, the date of completion, and the construction contract amount of KRW 4.5 billion on October 30, 2011; and each of the above changes agreements with the Plaintiff on August 29, 201 and October 5, 201 were changed to the date of commencement on September 30, 201, and the date of completion on July 30, 2012.

At the time, the Defendant, at the request of E, remitted the loans of KRW 100 million in the name of construction operation expenses (hereinafter “instant loans”) to the Plaintiff’s corporate account, and on the same day, the said KRW 100 million was transferred from the Plaintiff’s corporate account to F’s corporate account.

(A) No. 1-1-c.

E On May 20, 201, on June 20, 201, the Defendant, the Plaintiff, the amount borrowed KRW 100 million, and the amount borrowed as of June 20, 201 on the due date (Evidence A 14; hereinafter “the Second Agreement”). D.

E, as the Plaintiff’s agent on March 19, 2012, confirmed that the Plaintiff borrowed KRW 100 million from the Defendant, and the Plaintiff paid KRW 140 million to the Defendant up to April 10, 2012, the sum of KRW 100 million and value-added tax of KRW 40 million based on the first contract. If the Plaintiff does not take measures to enable the Defendant to start up construction work by June 30, 2012, the costs of construction work invested to the Defendant are KRW 112 million =.