1. The Defendant’s KRW 81,900,320 as well as annual 5% from November 1, 2019 to July 16, 2020 to the Plaintiff.

1. Facts of recognition;

A. The defendant is a major shareholder of C&A.

B. The Plaintiff paid KRW 96,400,000, total of KRW 70,000 on September 29, 2017, and KRW 26,400,00 on November 2, 2017, while consulting on the terms and conditions of acquisition, such as the acquisition price, method, etc., to acquire the shares of C Co., Ltd. owned by the Defendant from the Defendant.

C. The defendant used the above money to repay the borrowed money to the above company.

Ultimately, there was no agreement between the Plaintiff and the Defendant to acquire shares, and thus no agreement was concluded.

E. The Defendant returned KRW 8,034,00 to the Plaintiff on August 28, 2019, KRW 8,034,000, KRW 8,034,00 on October 7, 2019, and KRW 8,034,00 on October 31, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. The plaintiff asserts that the defendant should recover the above KRW 96,400,000 and interest or delay damages from the payment date.

3. According to the above facts of recognition, it is reasonable to view that the Plaintiff paid the above money to the Defendant before the conclusion of the share subscription contract, on the premise that the Plaintiff will take over the shares of the above company.

However, as the Plaintiff and the Defendant did not conclude a share acceptance contract, the Defendant is obligated to refund the Plaintiff the total amount of KRW 96,400,000 paid as the payment and the interest or delay damages from the date of receipt thereof, barring any special circumstances.

However, the defendant 1-e.

Pursuant to Article 479(1) of the Civil Act, the money returned to the Plaintiff, as stated in this case, shall be appropriated in the order of the principal and interest pursuant to Article 479(1) of the Civil Act, and the litigation shall be promoted from November 1, 2019 to July 16, 2020, where it is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to perform in this case, as stated in the calculation table of appropriation amount, and from the following day to the date of full payment.