1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On February 5, 2013, the Plaintiff, the representative director of C (hereinafter “C”) delegated the Defendant to sell C at KRW 150,000,000,000 to the Defendant, and accordingly, the Defendant entered into a delegation contract for corporate sale (hereinafter “instant delegation contract”) under which the buyer wants to sell C at KRW 150,000,000,000,000 (151,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000

B. According to the instant delegation contract, the Defendant, who is the mandatary, shall receive the sale contract deposit and the remainder of the sale from the buyer and deliver it to the Plaintiff (Article 2(2)4 and (3)2 of the contract), and the Plaintiff shall pay the remuneration to the Defendant immediately after the receipt of the remainder of the sale.

(Article 6(2)(c) of the contract.

Under the instant delegation contract, the Defendant agreed to sell C in total amount of KRW 160 million plus KRW 150 million for the Plaintiff’s desired sale. On February 5, 2013, the Defendant, on behalf of the Plaintiff, sold C in total amount of KRW 166 million between D and D, but on behalf of the Plaintiff, sold the down payment of KRW 15 million at the time of contract, and entered into an enterprise acquisition agreement that is to pay KRW 150 million for the remainder of KRW 150 million on February 28, 2013 (hereinafter “instant enterprise acquisition agreement”). The Defendant received down payment of KRW 15 million from D on the same day and delivered it to the Plaintiff on February 6, 2013.

D fails to pay any balance until February 28, 2013, which is the balance payment date stipulated in the instant corporate acquisition agreement, through the Defendant, the amount of KRW 135 million out of the remaining amount of KRW 150 million shall be paid to the Plaintiff via the Defendant.