1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a juristic person established for the purpose of cadastral surveying business, etc., Nonparty C was the representative director of Nonparty C Co., Ltd. (hereinafter “D”), and the Defendant was each employed as a director.

B. On April 20, 2012, C made a false statement to the Plaintiff’s representative director F who is the victim’s director at the Plaintiff’s office located in The wife population E, which read that “W will have the right to conduct H cadastral confirmation surveying business (hereinafter “instant business right”) within one month, and transfer the right to conduct the above cadastral confirmation surveying business at the main point.” However, the above cadastral confirmation contract was concluded between D and I land rearrangement association, and it was concluded between D and I land rearrangement association, and it was impossible for C to arbitrarily transfer the said land rearrangement business under the pretext of a resolution of the association’s executives at the time of the change of the contracting parties, and it was not possible for C to transfer the said land substitution plan within 10 million won, and thus, C did not have the right to receive the said land substitution plan under the pretext of the victim’s intent to transfer the above land substitution business within 201 billion won or to be delivered within 104 billion won.”

(C) The lower court (Seoul Western District Court 2014No316) declared guilty on February 18, 2014, which was charged with fraud by Seoul Western District Court 2013Da1088, and was sentenced to one year and six months of imprisonment, and the said judgment became final and conclusive on June 26, 2014, even in the appellate court (Seoul Western District Court 2014No316), which was pending as the filing of a lawsuit by C. C, paid to the Plaintiff KRW 30 million on April 27, 2012, and KRW 40 million on April 30, 2012.