1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On March 25, 2011, the Plaintiff: (a) C Co., Ltd. (hereinafter “C”) was a company established by the Defendant, a pro-friendly company around 2005, for the purpose of developing and distributing software.

Between B and B, the investment contract was concluded to invest KRW 200 million in the operation of the Chinese futures trading system, and F (the president E of the representative director and the president of the representative director) jointly and severally guaranteed C's obligation to settle profits to the Plaintiff.

B. The Plaintiff died on April 23, 2014 when the Plaintiff did not recover the proceeds or the principal of the investment, and around March 2013, D (C representative director), the responsible party of the investment contract, and the network E, the deceased on April 23, 2014.

In addition, the defendant filed a criminal complaint against the defendant (In Incheon District Prosecutors' Office No. 2013-type 36014, hereinafter "the first criminal complaint of this case").

C. As to the instant criminal complaint case on June 28, 2013, the Plaintiff and the Defendant: (a) remitted KRW 100 million out of the investment principal to the Plaintiff’s designated account until July 1, 2013; and (b) upon the transfer, the Plaintiff shall submit to the police and the prosecutor’s office a written request for the suspension of investigation, suspension of investigation, and the suspension of suspended indictment. The Defendant shall pay KRW 120 million to the Plaintiff by December 29, 2013; and (b) if not performed, the Plaintiff may again request an investigation to the investigative agency. Upon the payment of any balance, the Plaintiff agreed that the Plaintiff withdraw the complaint and the Defendant shall not be subject to all civil, criminal and criminal lawsuits against the Defendant in the future (hereinafter “instant first agreement”).

C. According to the first agreement of this case, the Plaintiff received KRW 100 million from the Defendant, requested an investigation agency to suspend investigation on the grounds of agreement and repayment procedure. Accordingly, the Incheon District Prosecutors’ Office issued a disposition of non-prosecution by dismissal without investigating the Plaintiff on July 26, 2013.

The plaintiff and the defendant about the first criminal complaint case of this case around December 2013, and the defendant about the second criminal complaint case of this case, 5.0 million won out of the remainder of the existing agreement.