1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is C's children.

The defendant is the representative director of D (hereinafter referred to as D).

E is a person who operates G Co., Ltd. (hereinafter referred to as “G”) with F.

E and F were indicted on April 9, 2013 upon D’s complaint on charges of occupational embezzlement, etc. in this Court.

(2013Gohap208). D filed a lawsuit with this court seeking payment of the price of goods, etc. against G, F and E on April 26, 2013.

(2013Gahap8317). This Court rendered a judgment accepting D’s claim on May 23, 2014. Although F appealed and appealed, the judgment dismissing the appeal was rendered on February 27, 2015 (Seoul High Court 2014Na31273), and F appealed filed another appeal on June 24, 2015 (Supreme Court 2015Da22328). The judgment of the first instance court became final and conclusive on the same day as F’s appeal was dismissed (Supreme Court 2015Da22328).

C On July 24, 2013, with respect to each of the above cases, the following agreements were reached with the Defendant:

(hereinafter “instant agreement”). C promised to pay KRW 250,00,000 on behalf of Defendant E in a criminal case No. 2013 high-class 208 (hereinafter “instant agreement”) under the name of Defendant E’s criminal agreement, and as a security therefor, provided that the real estate owned by himself/herself (hereinafter “instant land”).

[] The complainant agrees to make a provisional registration against the defendant of the D representative director who is the complainant as follows.

A. In the meantime, the complainant made efforts to pay KRW 250,000,000 to Defendant F of the instant co-offenders in a civil suit in progress by the Plaintiff (Seoul District Court 2013Gahap8317) and the complainants are reimbursed for the criminal embezzlement amount ( approximately KRW 450,000,000) out of the amount of damage, the amount of security deposit and provisional registration will be cancelled.

The amount of damages remaining after subrogation shall not be raised against the complainant's additional repayment from F and E.

On the same day, the Plaintiff is against the Defendant and the instant land in order to guarantee the Defendant’s obligation to the Defendant under the instant agreement.