1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. 주식회사 C(이하 ‘C’라 한다)는 대지조성업 등을 목적으로 설립된 법인이고, 피고는 토목건축공사업 등을 영위하는 법인이다.

The Plaintiff was appointed as C director on September 19, 2007, and retired from C’s position on September 19, 2010, and retired from C’s position on April 29, 2014, but retired on April 29, 2017.

B. On July 16, 2010, the Defendant was awarded a contract with C for the construction of factory site on Kimcheon-si D and 21 lots (hereinafter “instant factory site”) owned by C.

On July 16, 2010, the Defendant and C drafted a contract agreement with the construction cost of KRW 5.838 billion, and the contract was amended on June 30, 2013 to KRW 3.1 billion.

C. On May 6, 2013, the Defendant’s representative E affixed the seal of the Defendant on the following written agreement (hereinafter “instant agreement”), and the said written agreement is currently kept by the Plaintiff.

Mutual agreement: B representative director of the Company B: E promises to pay the following proceeds of sale of an industrial complex on the basis of mutual trust and good faith:

▣ 물건의 주소 : 경북 김천시 D (F 산업단지) ▣ 단지 매각대금 지급조건 ① 1차 구간 일부 분양시 1억 원 ② 2차 구간 일부 분양시 4억 원 ③ 3차 잔여 구간까지 전체 분양시 4억 원 합계 : 9억 원 ④ 특약사항

(a) If the third closing of sale is not completed by August 30, 2013, the remaining balance shall be paid by the said person.

(b) distribute one copy of the contract at the same time as the first sale contract.

C. It shall pay to the Plaintiff the cost invested for 5 years with the purchase of land in C, and is a condition that it shall be notarized at any time if the Plaintiff wishes.

On the other hand, on May 6, 2013, E made and issued a letter of agreement with G that was the representative director of C, as follows:

Mutual agreement: B representative director of corporation: E himself/herself shall be the initial implementation plan.