A. On December 1, 2012, the Plaintiff entered into a contract with the non-party company E (hereinafter “non-party company”) on the Dong-gu regional agency (hereinafter “instant contract”) with the content that the non-party company entrusts the Plaintiff with the business and management of the VN service related to credit card settlement and the franchise store service for the immediate settlement system (hereinafter “the instant contract”) and paid KRW 15,000,000 to the bank account in the name of the Defendant C on December 6, 2012, as the bank account in the name of the non-party F, KRW 15,00,000,000 to the bank account in the name of the non-party F, and KRW 30,000,000 to the bank account in the name of the non-party F on January 7, 2013.

B. At the time of the conclusion of the instant contract, Defendant B was registered as the representative director in the corporate register of the non-party company, and Defendant C was in possession of a name stating that he is the representative of the non-party company.

C. Around December 12, 2013, a non-party company did not establish an agency even though the Plaintiff paid all the expenses for establishing an agency, and the Plaintiff requested the non-party company to cancel the instant contract and return the expenses for establishing an agency.

The Plaintiff filed a complaint against the Defendants on the crime in the attached Form, in which the Plaintiff did not return the cost of establishing an agency, and the Prosecutor of the branch office of the Suwon District Prosecutors’ Office decided to suspend the relevant witness with respect to the Defendant B and D on July 11, 2014, and to not prosecute the Defendant C.

E. On May 29, 2017, the Gyeonggi-gu Police Station that investigated the instant case, sent the instant case to the branch office of the Suwon District Prosecutors’ Office as an opinion of non-prosecution (defluence) regarding Defendant B, Defendant C, and Defendant D, and the prosecutor of the said public prosecutor’s office rendered a decision of suspension of witness with respect to Defendant C and the non-prosecution of indictment with respect to Defendant D.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, Gap evidence 4-1, 2, Gap evidence 5-1 through 3, Gap evidence 6, 8, 9, 12, each of the statements and arguments.