1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is the representative of C Co., Ltd. established for the purpose of building construction business (hereinafter “C”) and the father of D in-house director D.

B. C around 2016, at the time of entering each of the above land into Busan Seo-gu E, F, and G land (hereinafter referred to as “instant land”), it was selected as a construction work of constructing six officetels buildings on the ground (hereinafter “instant new construction work”).

C. On July 28, 2016, H and I entered into a joint agreement between C (the representative on the certificate of corporate registration matters shall be the company director, D, or the Defendant’s agent agreement) and H and I to pay the above KRW 1 billion after completion of the construction work if H and I inputs KRW 1 billion with F land purchase cost, etc. for the new construction of this case.

H In order to accept a subcontract for civil engineering works among new construction works in the instant case from C, on February 17, 2017, the Plaintiff was established as a corporation for the purpose of civil engineering works, etc., and became the representative director, together with the Defendant J as the Defendant’s fraud.

The defendant was registered as the plaintiff's auditor.

E. From among the new construction works of this case, the Plaintiff entered into a subcontract for a total amount of KRW 1.65 billion (hereinafter “instant contract”) with C (hereinafter “instant contract”).

F. On August 16, 2017, the Defendant, the representative director H and C, the actual representative of the Plaintiff, drafted a written agreement on the instant contract (hereinafter “instant agreement”). The content of the instant agreement is as follows.

The Plaintiff’s agreement agreed on the allocation of the Plaintiff’s profits to Gap (H) 65% and Eul (Defendant) 35%. However, the profit of F, E, G6 buildings (PHC files, sheet files, and ground excavation) ordered by the Plaintiff was agreed to pay KRW 400 million to H by October 31, 2017, even when the 65% of H’s dividend amount became to be within KRW 400 million, and this agreement was drafted on August 16, 2017.