1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. The Plaintiff is a corporation that runs a soil construction business and a reinforced concrete construction business, and Defendant A and Defendant C Co., Ltd. (hereinafter “Defendant C”) are persons and corporations that received a subcontract for the contracted construction work or provided various goods, etc.

(Defendant B is the representative of Defendant C). (B)

On September 2015, the Plaintiff subcontracted to Defendant A and C alley (hereinafter referred to as “instant construction”) among the public relations centers and public inspection stations located in the South-west Sea Zone D, and received construction payment by entering the amount of monthly materials and equipment costs, labor costs, etc. from September 2015 to February 2016, the said Defendants received from September 2015 to February 2016.

C. On April 15, 2016, the Plaintiff, in collusion with the Defendants, filed a complaint against J, which is an employee of G, H, and the Plaintiff, who is an employee of G, H, and the Plaintiff, for fraud and embezzlement on the grounds that the Defendants, etc. received the payment of excessive construction cost, and revoked the complaint against Defendant A and B on the same day.

(hereinafter referred to as “G, etc.” in total, of the remaining Defendants except Defendant A and B.

On May 25, 2016, the Defendants prepared a certificate of loan (hereinafter “the instant certificate of loan”) stating that the Defendants shall pay KRW 357 million to the Plaintiff on three occasions (hereinafter “the instant certificate of loan”). The details are as follows.

In Japan, the loan amount shall be KRW 57,00,000 (Won 357,000,000) (Provided, That the interest shall be 5% per annum, and the repayment date shall be KRW 57,00,000,000 until December 31, 2016, KRW 150,000,00 until December 31, 2017, and KRW 150,00,000 until December 31, 2018; hereinafter the same shall apply) the reason for the loan shall be the public relations officials among E Corporation and military check-up reinforced concrete construction, which are accused and embezzled within the scope of their respective responsibilities, and shall be offset against the above borrowed amount when the amount of embezzlement is recovered.

E. On the other hand, for G et al., an investigation is conducted on the charge of fraud.