1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Basic Facts

F The founder of G (hereinafter referred to as “G”), the Plaintiff was the person appointed by F as the representative director of G, and the Defendant was the employee in charge of G’s business (the vice president).

Around January 201, the Defendant acquired G from F and the Plaintiff, and again sold it to H (hereinafter “H”) and decided to continue to work in G.

On January 15, 2011, the defendant prepared a cash custody certificate with the following contents to the plaintiff at the place where F and the plaintiff were present in company:

Japan:240,000,000 above amount was received on January 15, 201, and in order to ensure the receipt (storage) of the above amount, it shall prepare and affix its name and seal to this deed.

Interest shall be paid in cash in 2,00,000 won as of the end of each month, and shall be repaid until January 15, 2012.

On February 28, 2011, the Defendant transferred KRW 50,000,00 of the G acquisition fund received from H by means of G account to the Plaintiff’s account in the name of the Plaintiff, and entered the details in the column of G account “A (referring to the Plaintiff)’s loan repayment.”

Around that time, the plaintiff was investigated by committing fraud through I opened by himself, and search and seizure related thereto was conducted.

(In the Seoul Southern District Court Decision 2013Ma3536 Decided January 15, 2014, the Plaintiff was sentenced to one year of imprisonment, and ten months of imprisonment in the same court Decision 2014No136 Decided June 13, 2014, respectively). The Plaintiff left Vietnam for the purpose of avoiding the investigation of himself on March 5, 2011.

On March 6, 2011, the Plaintiff returned KRW 50,000,00 that the Defendant remitted to G account again.

From March 7, 2011 to May 31, 2012, the Defendant remitted total of KRW 240,000,000 to the accounts in the name C, D, and E as follows:

(hereinafter referred to as “the primary remittance” or “the 8th remittance” in sequence. There is no dispute between the parties that the 4 through 8 remittance was made upon the Plaintiff’s request). GH G G G GH H H H H H H H H H H H H H H H F F F F F F, G E E E F, without any dispute.