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. The Plaintiff and the Defendant paid KRW 50,000,000 in total to the Defendant on December 1, 2014 as the expenses for employment recommendation, and the Plaintiff paid KRW 25,000,000 to the Defendant on January 2, 2015.

On January 2015, the Defendant introduced C to the Plaintiff as a person who would give employment recommendation.

B. On June 23, 2015, the Plaintiff offered to the Defendant and C a return of money as the Plaintiff did not receive any employment recommendation by May 3, 2015. On June 23, 2015, the Defendant drafted a cash custody certificate (Evidence A1) stating that “When the Defendant received KRW 50,00,000 from the Plaintiff as the expenses for employment recommendation, and the Defendant did not receive employment recommendation by June 28, 2015, the period of return shall be the immediately period until June 30, 2015. If the Plaintiff did not take a refund by June 30, 2015, and thus causes damage to the Plaintiff, the Defendant will be liable for civil and criminal liability.”

C. The Plaintiff failed to obtain any employment recommendation by June 28, 2015, and the Defendant, on July 31, 2015, paid KRW 35,000,000 to the Plaintiff as a check. On the same day, the Defendant’s payment of KRW 15,00,000,000, remaining after paying the Plaintiff KRW 35,000,000 to the end of August. Accordingly, the amount to be repaid out of the total amount of KRW 50,000,00, remaining KRW 15,000,000 to the Plaintiff. The following conditions are also fulfilled by the Defendant.”

On the other hand, C paid to the Plaintiff KRW 14,00,000 on July 17, 2015, KRW 5,000,000 on August 13, 2015, KRW 1,000,000 on August 21, 2015, and KRW 3,500,000 on March 9, 2016.

E. Around 2016, the Plaintiff filed a complaint against the Defendant and C as fraud, and the Defendant and C conspired to use the job placement fee by acquiring the job placement fee from the Plaintiff on December 26, 2018.

The defendant has become an outside director of the D company according to the above mother.