1. The Defendant’s KRW 30,655,737 as well as 5% per annum from November 18, 2015 to February 18, 2016 to the Plaintiff.

1. Basic facts

A. The Plaintiff is the secretary general of the C High School and the D High School Foundation E (hereinafter “E”) that operates the D High School.

around June 2008, F Co., Ltd. (hereinafter referred to as “LFG generation business”) developed by using LFG (Landftill Glas. Reclamation gas) generated at the disposal facilities of household wastes in lightyang city, and obtained a license to operate the business of selling the developed electricity to the Korea Power Exchange (hereinafter referred to as “LFG generation business”) for 20 years, and is also engaged in LFG generation business even in racker’s main stamping and algori, and the Defendant is both internal directors and major shareholders of the non-party company.

B. On May 28, 2009, E, as an intermediary of the Plaintiff, the Defendant, etc., took over from the non-party company all business rights related to the foregoing mining LFG facilities at KRW 3 billion.

C. After that, around July 13, 2009 between the Plaintiff and the Defendant, the Defendant borrowed KRW 100 million from the Plaintiff as the end of September 2009. However, if the Defendant could not repay the above money to the Plaintiff by the payment deadline, a letter of borrowing that the Defendant would transfer to the Plaintiff the shares of the non-party company owned by the Defendant to the Plaintiff.

E A criminal complaint was filed against the Defendant, etc. on the grounds that “the representative director of the foreign company, the overseas general manager, and the Defendant acquired the proceeds of sales by selling the said optical LFG power generation business in a manner that lowers the profitability than actual ones.” A criminal complaint was filed against the Defendant on November 7, 2013 on the grounds that “the Plaintiff acquired the above KRW 100 million without the intent or ability of the Defendant to repay.”

Around November 17, 2015, the Defendant was indicted upon the above criminal complaint and was under trial of the first instance court, and deposited the Plaintiff as the principal deposit in the amount of KRW 100 million at this court No. 4047.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion.