1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In around 2012, the Plaintiff agreed to take over D Co., Ltd. (hereinafter “Nonindicted Company”) with C as the representative director.

B. Since then, the Plaintiff requested the introduction of a person who is able to consult with the F in relation to the kimchi manufacturing business and military supply bid, etc. to F, and received the Defendant who operated G through the aforesaid F.

C. The Plaintiff, via F, agreed with the Defendant to obtain consultation on the kimchi manufacturing business from the Defendant, and paid KRW 50 million to the Defendant via F on November 13, 2012.

The plaintiff was appointed as the representative director of the non-party company on December 2012.

E. On September 4, 2013, the Defendant purchased 51,100 shares of the non-party company from the Plaintiff and H in KRW 153,00,000. On the same day, the non-party company purchased KRW 25,500 shares of the non-party company at KRW 127,50,000, and thereafter, paid the above purchase price to the Plaintiff around that time.

In addition, on November 29, 2013, the Defendant paid KRW 19,500,000 to the Plaintiff as a means of investment.

F. On May 30, 2014, the Defendant entered into a contract between the Plaintiff and the Plaintiff to sell 30,600 shares of the non-party company that was held by the Defendant at the time to KRW 440,00,000,000. The Defendant received from the Plaintiff the loan certificate drawn up by the Plaintiff and the non-party company with interest of KRW 70,000,000 per month on the above payment amount, and the due date for payment was issued on December 31, 2014.

In addition, on May 30, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage in the name of the Defendant, the debtor of which was the non-party company, on the ground of the contract concluded on May 29, 2014 with respect to the 1329mm2 and its ground-based factories and freezing storage facilities, the JPPPP 1607m2 and its ground-based storage facilities, in order to secure the payment of the remainder of KRW 240 million among the above payments.

[Reasons for Recognition]