1. The Defendant: (a) KRW 440,00,000 for the Plaintiff and 5% per annum from June 1, 2015 to December 16, 2016; and (b) the Plaintiff.

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) is a company that aims at the manufacture, sale, repair, etc. of shipbuilding machinery and materials.

From February 2, 2009 to December 8, 2011, the defendant served as A's director and internal director.

B. From February 20, 2009 to July 5, 2010, the Defendant embezzled KRW 202,501,606 of Company A’s company capital from February 20, 2009 to July 5, 201.

‘' was sentenced to three years of imprisonment on November 27, 2014 for criminal facts.

(C) Changwon District Court 2012 Gohap505).

On May 27, 2015, the appellate court rendered a judgment dismissing the defendant's appeal.

[Supplementary High Court (original Court) 2014No391] The above judgment became final and conclusive around June 4, 2015.

A was declared bankrupt on August 18, 2016 (the Changwon District Court 2016Hau1004), and the Plaintiff was appointed as a trustee in bankruptcy.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was sentenced to three years by the court of first instance on November 27, 2014 to a crime of embezzlement of KRW 2.02,501,606 in Company A’s capital from February 2, 2009 to July 5, 2010, while serving as a director or an inside director.

After the continuous appellate proceedings, the defendant prepared a written agreement (hereinafter referred to as the "instant agreement") that pays A KRW 40 million to A as the agreed amount before the judgment of the appellate court is rendered. A.

The appellate judgment against the defendant was sentenced on May 27, 2015, and the defendant has not paid the above money up to now.

Therefore, the defendant should pay to the plaintiff the agreed amount of KRW 40 million and damages for delay.

B. Even if the act of preparing the instant agreement is null and void as an act of unauthorized Representation, the Defendant embezzled A’s funds of KRW 2.02,5017,606, and thus, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 440,000,000 and damages for delay.

3. Determination

(a) entry of Gap evidence 1 to 3; and