1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for this Court’s explanation concerning this part of the facts is as follows: (a) the relevant part of the reasoning for the judgment of the court of first instance is the same as the statement from the fourth to the third half below; and (b) the same shall be cited in accordance with the main sentence of

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 11 and 15 evidence (including branch numbers; hereinafter the same shall apply), witness K of the first instance trial, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s assertion that the Defendant received the instant project amounting to KRW 3,145,402,341 in total is KRW 2,284,407,182, and the difference is 860,95,159 won.

The defendant shall be liable to the plaintiff for the following reasons:

① The Defendant, as the Plaintiff’s mandatory, managed the instant project. As such, among the money equivalent to the above-mentioned difference corresponding to the profit accrued therefrom, he/she shall pay “469,883,890 won and damages for delay thereof (the same amount as the Plaintiff’s winning amount in the judgment of the first instance as the Plaintiff’s winning amount in the judgment; hereinafter “the claimed amount”) to the Plaintiff as the mandator.

(2) The defendant shall assume the same responsibilities as B, since he/she abused the legal personality of the Form B.

Therefore, the defendant should pay the claim amount to the plaintiff jointly with B.

③ The Defendant, as the representative director of B, neglected to perform his duties in bad faith or by gross negligence, thereby making profits equivalent to the above difference available for private use without giving priority to the payment of taxes, public charges, and land prices to be borne by the Defendant.

Pursuant to Article 401 of the Commercial Act, the defendant is liable to compensate the plaintiff who is the injured party for the amount equivalent to the tax and public charges and the land price.

④ The Defendant neglected his duties as the representative director, and uses private profits equivalent to the above difference, thereby resulting from the instant project.