1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On September 22, 2017, the Plaintiff entered into a service contract with the Defendant, which provides the Defendant with the service cost of KRW 12,00,000 (hereinafter “instant service cost”) for the service period, including the business feasibility analysis, revenue analysis, and sales agency of the land, the advice on the accounting management of a specialized real estate trading company, the advice on tax adjustment, the advice on the management of investment consulting, the analysis of management diagnosis, and other services (hereinafter “instant service contract”).

B. On September 25, 2019, the Plaintiff paid KRW 12,000,000 to the Defendant at the instant service cost.

C. Meanwhile, at the time of the conclusion of the instant contract, C, the Plaintiff’s representative director, as the actual operator of the immediately preceding representative director, filed a criminal complaint against D on charges of occupational embezzlement and occupational breach of trust, such as using the company’s funds from January 2016 to September 2017 as the actual operator of the company, or refusing to return the company’s land after completing the procedure for registration of transfer of ownership in his/her own name, but the disposition against D was rendered on November 22, 2018 that D was without suspicion of lack of evidence.

(No. 4437). D of the Changwon District Prosecutors' Office in 2018 (No. 4437). D and E applied for the provisional disposition of suspending the performance of their duties to C, but were dismissed as of December 15, 2017 (Seoul District Court 2017Kahap269), upon filing an application for permission to convene a provisional shareholders' meeting, and received the decision to grant such permission as of June 7, 2018 ( Changwon District Court 2018Mohap5), and on July 13, 2018, D dismissed C from the representative director at a shareholders' meeting held on July 13, 2018, and appointed D as the representative director on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 8, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff entered into the instant contract and received all payment from the Plaintiff, but did not deal with the instant business.

Therefore, the defendant.