1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The fact of recognition D Co., Ltd. (hereinafter “Nonindicted Company”) was engaged in public relations and sales agency business related to the Songpa-gu Seoul Metropolitan Government E commercial building (hereinafter “instant commercial building”). The Plaintiff is a person who purchased the said commercial building F around October 22, 2015 under the publicity and invitation of Nonparty Co., Ltd., and the Defendant is a person who was working for the Nonparty Company.

On November 6, 2015, the non-party company prepared a letter of undertaking between the Plaintiff and the Plaintiff that “the non-party company will pay KRW 53,000,000 to the Plaintiff, by November 30, 2015 (hereinafter “instant letter of undertaking”). It appears that the non-party company would have agreed to pay part of the economic profits, such as the fees that the company would obtain from the conclusion of the Plaintiff’s sales contract, in the form of “subsidies.” The Defendant signed on the lower end of the said letter of undertaking stating that “the Defendant will be liable for all of the financial profits that the company would not pay.”

On January 29, 2016, the non-party company drafted a new undertaking between the Plaintiff and the Plaintiff that “35,000,000 won in connection with the instant commercial building F shall be paid without fail, until February 5, 2016,” and the Defendant signed on the lower end of the said undertaking stating that “the upper end shall be the highest deposit period among the buyers.”

On August 30, 2016, when the defendant and the joint defendant C of the first instance trial were under police investigations as the defendant's appellant upon the plaintiff's complaint of fraud, the defendant and the joint defendant C of the first instance trial prepared a written agreement (hereinafter "the agreement of this case") with the following contents, and the defendant signed the written agreement of this case.

1. Defendant B (Defendant) and C shall pay to the complainant A (Plaintiff) 22 million won as total amount agreed upon.

2. Defendant B and C shall deposit the agreed amount of KRW 22 million into the G bank account in the name of the complainant by September 30, 2016.

3. When the above agreement has been implemented, the complainant shall be liable for civil and criminal liability against the accused Party B and C.