1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. On September 11, 2013, D entered into a contract with the Plaintiff for construction work in the Gangnam-gu Seoul Metropolitan Government E-building / External Remodeling (hereinafter “instant construction work”) with the cost of construction KRW 170 million (excluding value-added tax) and the construction period from September 25, 2013 to October 31, 2013 (hereinafter “instant contract”).

The instant contract was concluded by F as the agent of D, and Defendant B as the vice president of the Plaintiff’s joint representative.

B. After receiving a performance (contract) guaranty insurance policy from the Plaintiff, D transferred KRW 70 million to the Plaintiff Company’s account on September 13, 2013, and the Plaintiff completed the instant construction and issued a performance (contract) guaranty insurance policy to D on January 3, 2014.

Defendant C used the Plaintiff’s position as “the chief of the general affairs division,” and managed and supervised the instant construction site under the direction of Defendant B.

C. On April 2, 2014, the Plaintiff filed a lawsuit against D seeking payment of the remaining construction cost of KRW 136 million (i.e., total construction cost of KRW 2.6 million - KRW 70 million) (Seoul Central District Court Decision 2014Gahap17645). As to this, D filed a claim for payment of the construction cost on April 2, 2014 (i) the party who entered into the instant contract with himself/herself is Defendant B and the Plaintiff is merely the nominal owner, and thus, the Plaintiff cannot seek payment of the construction cost; and (ii) the Plaintiff filed a claim for refund of the construction cost in excess of KRW 18120,000,000,000 with the money remitted by himself/herself pursuant to Defendant B’s request or the direct payment agreement with Defendant B and the money additionally remitted to the Plaintiff’s account with the Plaintiff company. As a counterclaim,

(Seoul Central District Court 2014Gahap34961). D.

On June 11, 2015, the above court dismissed the Plaintiff’s claim on the principal lawsuit and rendered a judgment that partly accepted D’s claim on the counterclaim for the following reasons.

(hereinafter “instant judgment”). The instant judgment is July 7, 2015.