1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts (1) The Defendant (E) is a stock company that operates software development business, etc., and the Plaintiff is dismissed on August 31, 2015 by taking office as the Defendant’s representative director on April 2, 2013, and is dismissed on November 6, 2015 by taking office as Defendant’s internal director on April 2, 2013.

(2) From August 7, 2013 to December 10, 2014, the Plaintiff leased KRW 208,200,000 to the Defendant for the purpose of developing a new game without setting the due date for payment.

(hereinafter referred to as “the loan of this case”). . [Grounds for recognition] . (No dispute exists, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 9-1 and 2, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 208,200,000 won with the repayment of the loan in this case and damages for delay calculated at the rate of 15% per annum from November 11, 2015 to the day of full payment, which is the day following the delivery date of the copy of the complaint in this case.

3. Judgment on the defendant's defense

A. On April 9, 2015, the Plaintiff and the Defendant agreed to (1) the third party make an investment in the Defendant and use the investment in repayment of the instant loan to the Plaintiff, or (2) the Defendant agreed to suspend the Defendant from obtaining net income of at least one billion won; and (3) the above suspension conditions have not yet been fulfilled. Accordingly, the Defendant cannot respond to the Plaintiff’s claim.

B. (1) Determination is reasonable in cases where it is deemed that the failure to perform the obligation would not have occurred unless the facts indicated in the subsidiary have occurred in the juristic act attached to him/her, such as relevant legal principles, and the obligation should be performed even when the facts indicated have occurred and the counterclaim has become final and conclusive.