1. Of the judgment of the court of first instance, the part against the defendant exceeding the following payment order shall be revoked, and that part shall be revoked.

Basic Facts

On August 26, 2012, upon the Defendant’s recommendation that had been the representative director of C on August 26, 2012, the Plaintiff acquired KRW 200 million of C’s shares from E to KRW 240 million.

However, the plaintiff anticipated that C's failure to pay the investment amount may make it difficult to recover the investment amount, demanding the defendant to return the amount of KRW 240 million.

Accordingly, on December 22, 2012, the Defendant entered into an agreement to transfer (or stock transaction) the Plaintiff’s shares of KRW 200 million to G Co., Ltd. (hereinafter “G”) with the Defendant’s wife F as the representative director, and G to pay KRW 240 million to the Plaintiff KRW 200 million with the acquisition price of C shares of KRW 200 million on two occasions on January 22, 2013.

On January 22, 2013, the Defendant entered into a contract between the Plaintiff and the Plaintiff for the establishment of a security for transfer with the content that the Defendant is responsible for paying KRW 240 million for the share price of C and the Defendant would provide G shares to the Plaintiff as a security for transfer. The main contents of the contract are as follows:

The plaintiff and the defendant promise to assume the responsibility for the amount equivalent to KRW 240,000,000 in connection with C's acquisition of shares, and they enter into a contract to establish a security interest in G shares in relation to the claim amounting to KRW 240,000,000.

Article 2 (Confirmation of Claims)

1. As to the amount of KRW 240 million paid by the Plaintiff to E in connection with the instant share acquisition agreement entered into between the Plaintiff and E, the Defendant shall pay the Plaintiff the said KRW 240 million to the Plaintiff who suffered substantial damage due to the said share acquisition agreement by February 28, 2013.

2. When the defendant completes the payment of the above KRW 200 million to the plaintiff within the above period, the defendant can be transferred to the plaintiff as the transferee of the C shares 2000 shares.

Article 3 [Security for Transfer of Stocks]

2. The defendant shall, upon entering into this contract, hold G shares owned by the defendant.