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

A. The Plaintiff is a company engaged in drilling and supply in the Chuncheon area in the Jeonnam-gun.

Nonparty D and E operate a mutual business entity called F (hereinafter referred to as “Non-Party D”).

B. Around 2016, the Plaintiff entered into a contract with the non-party company and the non-party company to support the Plaintiff with freezing and loading of freezing and operating expenses, etc. (hereinafter “instant contract”).

In addition, the Plaintiff decided to sell the goods of the non-party company and transfer the amount of the settlement at the time of receiving the payment.

C. On August 30, 2017, D, the business owner of the non-party company, won for filing a lawsuit against the Plaintiff claiming KRW 63,230,500 for the amount of the goods, and the said judgment became final and conclusive.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the whole purport of the pleading

2. Assertion and determination

A. Defendant C and Defendant A, who is an employee of the Plaintiff’s non-party company, were the partner of the non-party company, deposited the deposit account for the settlement amount as stipulated in the contract of this case into the passbook of Defendant B, who is the child of Defendant A.

The Plaintiff deposited goods in the account requested by the Defendants to the non-party company.

However, on August 30, 2017, D, the business owner of the non-party company, filed a lawsuit against the plaintiff claiming the amount of KRW 63,230,500 for the goods, and won the judgment became final and conclusive.

The Defendants embezzled without delivering the price of goods to the non-party company. As such, the Defendants should compensate the Plaintiff for damages equivalent to the price of the goods.

B. The Plaintiff asserted that the Plaintiff deposited the price of the goods to the non-party company with the account in the name of Defendant A and B requested by Defendant C, but it cannot be recognized only by the statement of evidence Nos. 1 and 2 submitted by the Plaintiff.

Furthermore, it is insufficient to recognize the Plaintiff’s assertion solely with some account details submitted by the Defendants, and there is no other evidence to acknowledge it.