1. The Defendant’s KRW 400,000,000 as well as 5% per annum from March 7, 2014 to October 23, 2014 to the Plaintiff.

1. Basic facts

A. The Plaintiff Company is a company established on June 10, 2005 for the purpose of construction execution business, housing construction business, etc., and the Defendant was the representative director of the Plaintiff Company from May 9, 2007 to November 11, 2009.

B. On September 14, 2007, the Defendant, on behalf of the Plaintiff Company, entered into a sales contract with LAWC Co., Ltd. (hereinafter “LAWC”), whereby the Plaintiff sells 30m2 and 9,888m2 (hereinafter “the instant real estate”) for KRW 3.5 billion, old-si factory site in Seoul Special Metropolitan City owned by the Plaintiff Company (hereinafter “instant sales contract”) and received KRW 400 million for the down payment from LAWC.

In the instant sales contract, LAC shall pay the balance within one month after the contract or seven days after the approval of P/F. However, the Plaintiff Company agreed to cancel the limited real right, such as the right to collateral security, prior to the payment of the remainder.

However, the defendant did not pay any balance within one month after the contract, and the defendant notified the termination of the contract on October 17, 2007 without performing the obligation to cancel the limited real right or providing the obligation to cancel the limited real right.

C. Meanwhile, at the time of the conclusion of the instant sales contract, F was in office as a director of the Plaintiff Company, G acquired 50% of the shares by transfer, and was appointed as a joint representative director of the Plaintiff Company on March 17, 2009 with the Defendant, and F and H were dismissed from office on November 11, 2009.

After November 11, 2009, the Defendant resigned from office as the representative director and the director, and G was appointed as the representative director. The Plaintiff between G on November 24, 2009 and G on November 24, 2009, decided to transfer 50% of the shares of the Plaintiff Company owned by the Defendant to G in KRW 1.2 billion, but KRW 50 million in cash and KRW 65 million as the representative director of the Plaintiff Company are as follows.

In this case, "the share transfer contract is not more than a share transfer contract with the content that the beneficiary shall be designated as the priority beneficiary of the trust contract of this case and shall be appropriated as the profit."