1. The Defendant’s KRW 200,000,000 as well as 5% per annum from November 1, 2016 to November 7, 2018 to the Plaintiff.

Facts of recognition

A. On June 14, 2016, the Defendant: (a) pretended that the Plaintiff’s representative director C was a director of the D Association; and (b) stated that “D Association intends to carry out the construction of a secondary factory in D Association; and (c) paid KRW 200 million, the Defendant would have the said construction contracted.”

B. On June 14, 2016, the Plaintiff and the Defendant drafted a loan certificate and agreement with the following content:

(hereinafter referred to as “the loan certificate and agreement of this case”). The amount borrowed from the next certificate: 200,000,000 won: The plaintiff

1.The above amounts shall be borrowed, and the amount shall be the amount shall be borrowed on the condition that the second factory construction of the DDR will be executed under the contract by the Plaintiff.

2. The repayment of a loan shall be effective as of October 31, 2016 from the date of borrowing, and shall be effective as of October 31, 2016, in the event the problem of the repayment of the loan due to the failure in the above construction contract arises, with the real estate as indicated in the separate agreement of lottery.

D. Drawee

1. The defendant shall actively cooperate so that the construction of the second plant of the DDR may be contracted and executed by the plaintiff.

2. The Defendant’s 200,000,000 won borrowed shall be payable by the due date as agreed.

(Provided, that if there is a problem in the contract of this Corporation or a failure to repay the borrowed money due to the failure of the Corporation, it is confirmed that there is no objection to the mortgage or provisional attachment measure in the "Building F of Busan-gu, Busan-gu".

C. On June 15, 2016, the Plaintiff paid KRW 200 million to the Defendant.

D The G Corporation ordered by the D Association was awarded a contract by another construction company through an open tender.

E. On June 19, 2017, the Defendant was prosecuted on the charge of fraud, etc. that acquired 200 million won by deception from the Plaintiff as a principal owner of new construction works. On September 19, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of five million won for the above crime at the Busan District Court (2017Da3057).

[Ground of recognition] Unsatisfy, Gap, 1.