1. The plaintiff's appeal and the defendant B's appeal are all dismissed.

2. The appeal cost arises between the Plaintiff and the Defendant B.

1. Basic facts

A. On January 13, 2004, the Plaintiff loaned KRW 300,000,000 to Defendant B as of March 12, 2004.

As Defendant B was unable to pay the above money, the Plaintiff filed a complaint against Defendant B with the charge of fraud around December 2007.

B. Around September 22, 2008, Defendant B was prosecuted for fraud. Of the first instance trial, Defendant B repaid the Plaintiff KRW 50,000,000 out of the above borrowed money, Defendant B was sentenced in the first instance trial on May 22, 2009 and was legally detained.

C. After Defendant B was detained, on June 10, 2009, the following written agreement (hereinafter “instant agreement”) was drawn up.

The end of each month for the business profits (D, E, and F Company) of the Agreement B shall be settled and paid to A at the 15th of the following month at the approval of the 15th of the following month.

Provided, That the amount to be paid shall be fixed as 250 million won.

As to the above matters, G agent G confirms that he is appointed B as agent.

The instant arrangement states “B agent: G” and is signed by G, and the name plates and corporate seal impressions of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) are affixed next to the entry “A”.

On June 10, 2009, G, the agent of the Plaintiff and Defendant B, drafted a written agreement (hereinafter “instant agreement”) stating that “G, the perpetrator of the fraud case between A and B, has reached a smooth agreement with the victim A on behalf of the perpetrator B, not only is punished, but also has agreed not to raise a civil or criminal objection any longer in the instant case.”

Defendant B was released on July 1, 2009 after the instant agreement and the instant agreement were made.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 and 2 (including the number of pages), Gap evidence No. 3, and the defendant company's seal affixed on the side of the statement that "H" is the representative director.