A. Both the Plaintiff and the Defendant were engaged in the food material distribution business. On September 1, 2015, the Defendant received from the Plaintiff the goods totaling KRW 325,093,200 (hereinafter “instant goods”) as indicated in the attached list from September 1, 2015 to September 30, 2015 from the Plaintiff as indicated in the attached list.

B. On June 16, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a criminal fact (hereinafter “instant criminal fact”) stating that “The Defendant received the instant goods by deceiving the Plaintiff’s employees even if he was supplied with goods exceeding KRW 100 million of the average trading volume of the Plaintiff, even if he did not have any intent or ability to pay the said amount within one month even if he did not receive any goods more than the average trading volume of the Plaintiff’s monthly supply of the goods, as the Defendant was under a limited condition while the Defendant had experienced financial difficulties due to cumulative accumulation of KRW 3 million or KRW 5 million each month from around 2015 to KRW 5 million each month.”

C. The Defendant and the Prosecutor appealed against the above judgment in Incheon District Court Decision 2016No2303, 5144 (Joint). The above court found the Defendant guilty of the instant criminal facts and sentenced the Defendant to two years and four months in total with other criminal facts. The above judgment was finalized on January 26, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is as if the Defendant did not have an intention or ability to pay the price of the instant goods to the Plaintiff’s employees, and as such, the Defendant received the instant goods and acquired them by deception and thereby inflicted damages equivalent to the instant goods on the Plaintiff, thereby making it difficult for the Defendant to pay damages for delay from October 1, 2015, which is the day following the amount of damages equivalent to the instant goods and the last illegal day