1. The plaintiff (Counterclaim defendant)'s claim against the defendant (Counterclaim plaintiff) is dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim.

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. A. Around 2009, the Plaintiff acquired and operated the Korea Fish Research Institute (hereinafter “instant fish Research Institute”), and the Defendant works at the instant fish Research Institute from around 2009 to May 26, 2015.

The retirement was withdrawn.

B. On November 2012, the Plaintiff experienced difficulties in operating the instant fish driving school due to the seizure of the card sales of the instant fish driving school, etc., and suggested that the Defendant, who is an employee, make a separate business registration under the name of the Defendant and made use of the instant fish driving school in order to facilitate the operation of the funds, and the Defendant accepted this.

C. Around November 2012, the Defendant registered the business with the trade name “D”, and used the national bank account (the account number E; hereinafter “D national bank account”) and the new bank account (hereinafter “D new bank account”) in the name of the Defendant with the settlement account of the said “D.”

Since then, “D” in the name of the Defendant was closed on May 26, 2015.

E. Meanwhile, during the above period, the amount to be settled between the original and the Defendant out of the D National Bank Account used by the Defendant for the operation of the instant fish farming institute, D New Bank Account, and Defendant’s National Bank Account.

(1) The details relating to the D new bank account are as follows.

(A) Money deposited into the D new bank account is KRW 62,758,981, and the money deposited under the name of operating expenses is KRW 14,892,209.

(B) The Defendant’s withdrawal from the D New Bank account to the personal bank account in his name is KRW 21,258,000.

(C) Money deposited by the Defendant in an individual into the D New Bank account is KRW 3,913,109.

(D) Upon the Plaintiff’s request, the Defendant used a loan with a new card for the operation of the instant fish farming institute, and the total amount of the loan was KRW 11,349,943 from the said D New Bank account to the Defendant’s personal debt.