1. The Defendant (Counterclaim Plaintiff) paid KRW 8,053,571 to the Plaintiff (Counterclaim Defendant) and its related amount from March 1, 2015 to October 6, 2016.

1. Facts of recognition;

A. From April 2014 to February 13, 2015, the Plaintiff received KRW 5,500,000 per month as salary, and served as the site manager at the Cheongju B New Construction Site (hereinafter “instant construction site”).

B. On August 18, 2016, the Plaintiff was sentenced to a sentence of two-year suspended sentence for six months of imprisonment (hereinafter “instant criminal judgment”) for the crime that the Plaintiff embezzled total of KRW 26,801,00 on seven occasions from August 6, 2014 to January 7, 2015 while serving as the head of the instant construction site in a criminal case against the Plaintiff (Seoul Southern District Court 2016 High Court 2227 Occupational Embezzlement), and the said judgment became final and conclusive as is.

C. The Defendant requested SCI Evaluation Information Co., Ltd. (hereinafter “SCI Evaluation Information Co., Ltd.”) to collect the amount of embezzlement against the Plaintiff.

On May 30, 2016, the Plaintiff paid KRW 22,651,750 to the non-party company for the purpose of returning the amount of embezzlement.

[Ground of Recognition: Facts without dispute, entry in Gap evidence 1 through 7, purport of the whole pleadings, fact inquiry results in the non-party company, purport of whole pleadings]

2. The parties' assertion

A. The Plaintiff did not receive KRW 8,053,571, the sum of KRW 5.5 million for January 2015 and KRW 2,553,571 for February 13, 2015 until February 13, 2015.

Since the Plaintiff’s embezzled KRW 22,651,750 out of KRW 26,801,00, the amount not returned is KRW 4,149,250.

B. The Defendant’s assertion that the Plaintiff served as the head of the instant construction site by January 2015, and the unpaid wage is KRW 2,150,060.

The amount embezzled by the Plaintiff is 32,651,750 won.

In addition, the Plaintiff agreed to return KRW 32,651,750 to the name of return of the embezzlement amount.

Amount of embezzlement 32,651,750 won returned by the Plaintiff and the remaining amount of 7,849,940 won if the Plaintiff deducts the unpaid wage of 2,150,060 won.

Therefore, the Plaintiff is obligated to pay KRW 7,849,940 to the Defendant.

3. Determination A.