1. On the judgment of the first instance court, the lower court ordered payment among the main claim against the Defendant-Counterclaim Foundation C.

1. Facts of recognition;

A. The Plaintiff is a stock company that engages in the business of remodeling special vehicles.

Defendant B was a candidate for E-party in the 20th National Assembly member election (regional constituency D), which was enforced April 13, 2016, and the Defendant Foundation is an incorporated foundation that runs the F-related business. Defendant B worked as a director with the authority to represent the Defendant Foundation until G was appointed as a director with the authority to represent the Defendant Foundation on February 1, 2017.

B. Defendant B requested that the Plaintiff pay KRW 10,000,000 to the Plaintiff, and requested the manufacture and lease of vehicles for election taxation, but on April 1, 2016, the date of delivery of vehicles, Defendant B requested that the Plaintiff stop the manufacture of vehicles for election taxation.

Accordingly, the Plaintiff demanded that Defendant B pay KRW 7,465,692 for the cost of manufacturing vehicles that occurred up to that time. Defendant B proposed that Defendant B use the foregoing vehicle for taxation purposes by converting it into the publicity vehicle of the Defendant Foundation, and that the doping costs incidental to the transition should be separately settled and paid. The Plaintiff accepted the proposal and the Defendant Foundation (the representative at that time) entered into a contract for leasing promotion vehicles with the following details on April 5, 2016.

The Defendant Foundation paid 3,300,000 won, which is part of the vehicle rent, to the Plaintiff on the same day.

Vehicle rent: Total amount of 8,000,000 won (day 1,000,000 won): The payment period: April 6, 2016; the period of use: 8 days from April 6, 2016;

C. Pursuant to the above advertising vehicle lending contract, the Defendant Foundation has conducted doping work to allow the use of the above vehicle, and the cost required therefor is KRW 1,165,692.

On April 6, 2016, Defendant B delivered to the Plaintiff the music files to be used in the promotional vehicle by e-mail, and the Plaintiff worked to enable the Plaintiff to practice the said music files at the promotional vehicle, and then delivered the vehicles for publicity (vehicle No. H) to the Defendant Foundation at around 18:30 on the same day.

E. The Defendant Foundation on April 13, 2016 (hereinafter “Defendant Foundation”) provides the Plaintiff with the foregoing advertising vehicle.