1. The Defendant (Counterclaim Plaintiff) shall pay 80,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from December 13, 2017.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

The defendant is a company established for the purpose of marine cargo transportation business, etc. on January 4, 2013, and the plaintiff is a shareholder of the defendant who served as a non-standing auditor of the defendant from January 4, 2013 to October 31, 2015.

On January 3, 2013, the Plaintiff deposited KRW 100 million in the Defendant’s representative director C’s account, and deposited KRW 150 million in the Defendant’s account on January 11, 2013, KRW 150 million, KRW 150 million on April 22, 2014, KRW 100 million on April 29, 2014, KRW 150 million on May 7, 2014, and KRW 100 million on June 17, 2014, respectively.

On May 12, 2014, the Defendant deposited KRW 150 million, and KRW 20 million on August 11, 2014, respectively, with the Plaintiff’s account in the name of the Plaintiff.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 (including the provisional number), 2, Eul evidence Nos. 1, 3 through 7, 9, and 10, and the purport of the entire pleadings, and the purport of the argument of the parties concerned are as follows: (a) on January 11, 2013, the plaintiff paid KRW 150,000 to the defendant under the premise of the return to the defendant; (b) he/she received a return of KRW 100,000,000,000 to D, E, and returned KRW 50,000 to the defendant's account; and (c) returned KRW 137,50,000 to the plaintiff's defendant.

In addition, the Plaintiff loaned KRW 100 million to the Defendant on June 17, 2014, and was returned KRW 20 million on August 11, 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 217.5 million (= KRW 137.5 million) and delay damages for the said amount (i.e., KRW 80 million).

Since the amount of KRW 150 million, which the Plaintiff paid to the Defendant on January 11, 2013, and KRW 100 million on June 17, 2014, the acquisition price of the Defendant’s shares is all the purchase price of the Defendant’s shares, the Defendant is not obligated to return it.

Since the Defendant paid KRW 20,00 to the Plaintiff on August 11, 2014, the Plaintiff is obligated to pay KRW 20,000 and its delay damages to the Defendant.

Judgment

The evidence, Gap evidence No. 6, Eul evidence No. 2 and No. 13, and the whole pleadings, which were incurred prior to the judgment on the plaintiff's claim for return of loan and the defendant's counterclaim claim.