1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. E Co., Ltd. (hereinafter “E”) performed a construction work of building lifts in 2010, and F leased the name of G Co., Ltd. and supplied ancillary civil engineering work during the construction work.

B. On January 201, 2010, FF decided to waive the above ancillary civil works, the head of H headquarters affiliated with E introduced and asked I to introduce the company succeeding to the above ancillary civil works, and I asked C to introduce and request C to introduce the company.

C introduced to I for succession to the above ancillary civil works by J, and received 10 million won from J on January 27, 2010 as an introduction fee.

The J, however, was unable to succeed to the above ancillary civil works because it failed to borrow a construction business license.

C. Meanwhile, the Plaintiff introduced the instant ancillary civil works to E so that the Defendant (hereinafter “K”) may succeed to the said ancillary civil works, and on February 4, 2010, D representing the Defendant as the employee of the Plaintiff, F, H, I, C, and the Defendant’s employee on behalf of the Plaintiff, F, H, I, C, and the Defendant.

F In return for the transfer of the right to the above ancillary civil works to D, the F demanded the Defendant to pay the material cost of KRW 30 million that he invested in the Corporation, and D, which did not have money at that time, requested the Plaintiff to lend the said circumstances and to lend money.

The Plaintiff demanded D to pay for its lending of money, and D prepared a letter of performance (Evidence A 1) on behalf of the Defendant that the Defendant would pay to the Plaintiff KRW 80 million plus KRW 50 million, such as interest on the loan amount of KRW 30 million and construction introduction expenses, when the Defendant succeeded to the above incidental civil engineering work and received the contract performance amount and the first construction progress payment.

Accordingly, the Plaintiff transferred KRW 30 million to F on February 4, 2010.

E. Meanwhile, the J, which was unable to succeed to the above ancillary civil works, demanded C to return KRW 10 million, and C to the Plaintiff.