1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A. On June 2012, C Co., Ltd. (hereinafter “C”) concluded a contract with the Defendant for the construction of a B astronomical New Factory (hereinafter “instant construction”). During the process of concluding the contract, D, the Defendant representative director, concluded a construction contract by planting the construction amount of the instant construction project, and received a refund equivalent to the amount so returned, and had the intent to use it for personal purposes. In collusion with E, each of the representative directors and vice president of C, the Plaintiff agreed to receive KRW 3 billion from E, among the construction amount received by C.

(hereinafter “instant rebates Agreement”). B.

Accordingly, E and D concluded a contract for the instant construction project on July 3, 2012, and determined the amount of construction as 45 billion won, despite the fact that the actual construction cost is equivalent to 41.7 billion won.

(c) The construction amount received by C from the Defendant and the amount received by D in rebates from E are as listed in the following table:

No. 10,00,000 won on July 16, 2012, July 300, 2012; 10,000 won on July 31, 2012; 30,359,270,000 won on August 28, 2012; 30,00,000 won on September 10, 2012; 10,000,000 won on September 2, 2012; 10,000,00 won on September 2, 200, 200, 200,00 won on September 10, 200, 200, 200, 200,00 won on September 6, 200, 200, 300,00 won on May 10, 2010; and

(d) E is above C.

As shown in the table Nos. 4, 5, the Defendant requested the Defendant to lend D’s operating funds to the early October 2012, 2012 due to difficulties in receiving the construction cost of KRW 6,930,00,000,000, as shown in the table Nos. 4, 5, and D demanded C to pay the progress payment of the instant construction in advance, and required E to provide collateral.

Accordingly, E shall be the defendant.