1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a company established on December 23, 2014 for the purpose of wholesale of freezing fishery products, and the Defendant was appointed as the Plaintiff’s inside director at the time of the establishment, and was registered as the representative director, and resigned on September 18, 2017.

B. The details of provisional payments among the presidents of accounts from the time of the Plaintiff’s establishment to December 30, 2017 are as shown in the attached Form. The Defendant’s provisional payments as of June 30, 2017 are 184,528,551.

(hereinafter referred to as “instant provisional payment”). C.

On October 26, 2018, when the first instance court was in progress, the Plaintiff took over the instant litigation procedure on October 26, 2018, following the decision to commence rehabilitation procedures at the Suwon District Court (2018 hap 10053), and appointed in-house B as a custodian, and took over the instant litigation procedure, but on January 10, 2019, the Plaintiff took over the instant litigation procedure again following the said court’s decision to discontinue

(hereinafter referred to as the “Plaintiff”) 2. Plaintiff’s assertion and judgment

A. As of June 30, 2017, as the former representative director of the Plaintiff, the Defendant asserted that KRW 184,528,551 was included in the Plaintiff’s provisional payment to the Defendant at the president of each account as of June 30, 2017, and thus, the Defendant is obliged to return the Plaintiff

B. As of June 30, 2017, 184,528,551 won was included in the Plaintiff’s director’s bank account as “provisional payment to the representative director” as of June 30, 2017. Meanwhile, in full view of the overall purport of the pleadings in the Plaintiff’s corporate bank account or the No. 18,32, and 39, part of the above amount was actually deposited in the Defendant’s account in the Plaintiff’s corporate bank account or the No. 39, it can be acknowledged that the Defendant is liable to pay the Plaintiff the provisional payment solely based on the above evidence and the following circumstances acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the above evidence and evidence: