1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1 through 5, 9, 17, 19, 23 and 24, evidence No. 13, evidence No. 13, Eul evidence No. 1, 3, 4, 7, 8, 10, 13, 14, 15, 20, 27 and 42, and the purport of the whole pleadings.

The plaintiff is an organization established for the care and support of prospective business starters and early business start-up enterprises, which is an exclusive institution for business start-up conducted by the Administrator of Small and Medium Business Administration at the time.

According to the guidelines for the operation of a customized business for start-up established by the Administrator of the Small and Medium Business Administration, the Plaintiff, who is an exclusive institution, selects an institution responsible for performing business affairs, such as the execution plan, education, administrative support, and final evaluation of the business cost of a founder, who is eligible for support for the above business, and selects the founder and the institution

B. The Defendant submitted a business plan called “B business and C development” at a customized business start-up project executed by the Plaintiff in 2013, and was selected as a person eligible for support.

C. On July 1, 2013, the Plaintiff: (a) made the Defendant a founder and the Electronic Parts Research Institute as the major institution; (b) paid KRW 33,000,000 out of the total project cost of KRW 50,000,000 to the Defendant as government subsidies; and (c) concluded a standard agreement for the term of the agreement from July 1, 2013 to February 28, 2014.

(hereinafter “Standard Convention”) In accordance with the said Standard Convention, the Defendant received a subsidy of KRW 33,00,000 from the Plaintiff through the supervising agency during the said Convention.

Under the approval of the main institution in charge, the defendant operated the company called D (hereinafter referred to as "D") with the above project cost disbursed by the main institution, and built the D website that provides educational content.

After the expiration of the agreement period, the Plaintiff was notified of the Defendant’s project cost disbursement through the main institution.

E. On October 24, 2014, the Plaintiff is against the Defendant.