1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The Plaintiff Company A’s claim as to the above revocation portion.

Basic Facts

F In the event that a criminal act was prosecuted as Suwon District Court Ansan Branch G, on May 7, 2015, the F entered into a mandate contract for the said criminal case (hereinafter “instant mandate contract”) with the law firm C (former trade name: Law Firm I) on the introduction of the Defendant.

The defendant requested F to transfer the money to F as agreed money in relation to the above criminal case or as deposit money to the deposit account in the name of his own JJ.

On February 1, 2016, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) who was in office as F, transferred KRW 40 million to Plaintiff B, the representative director of the Plaintiff, and Plaintiff B was above KRW 30 million out of the said money on the same day.

The money was remitted to the deposit account in the name of J as set forth in the subsection.

Plaintiff

B On May 11, 2016, the remitter was F and additionally remitted KRW 20 million to the deposit account in the J’s name.

However, as above, the Defendant arbitrarily consumed KRW 50 million (hereinafter “instant amount”) as agreed money without using or depositing it as agreed money.

[Ground of recognition] The defendant asserted that there was no dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers, if any) and the purport of the whole pleadings, and the plaintiffs' assertion of the purport of the whole pleadings, the defendant arbitrarily consumed and embezzled the amount of the instant agreement received from Gap.

Therefore, the defendant is obligated to pay the plaintiff A the amount of the agreement in this case to compensate for damages of KRW 50 million and damages for delay.

Plaintiff

A paid the instant agreement to the Defendant through the Plaintiff B, and if it is deemed that the Plaintiff B, not the Plaintiff A, paid the instant agreement, the Defendant is obligated to pay the said compensation to the Plaintiff B in preliminary order.

The party who paid the agreed money of this case by the defendant is not the plaintiffs but F.

The agreement amount of this case was transferred from the deposit account in the name of the plaintiffs is between the plaintiffs and F.