A. Defendant B’s agricultural partnership and Defendant C jointly share KRW 77,250,000 to the Plaintiff and this.

A. The Plaintiff is the party to whom a contract for the purchase and sale of the mountain ginseng was entered into with Defendant B’s agricultural partnership (hereinafter “Defendant corporation”); the Defendant corporation is the agricultural partnership for the purpose of cultivating and distributing the mountain ginseng; the representative director of the Defendant corporation; Defendant C is the representative director of the Defendant corporation; Defendant D; and E are directors of each Defendant corporation.

(other than that, there are Nonparty F and G as an auditor). (b)

Around September 5, 2013, Defendant C entered into a contract with the Plaintiff on behalf of the Defendant Corporation to pay the Plaintiff KRW 120 million in total, on behalf of the Defendant Corporation the amount of KRW 30,000,000,000,000 for the first intermediate payment until August 28, 2013; and KRW 20,000,000 for the second intermediate payment until September 30, 2013; and KRW 60,000 for the second intermediate payment until November 30, 2013; and KRW 39,00,000,000 for the remainder payment by May 30, 2014 (hereinafter “instant contract”).

C. However, the Plaintiff received only KRW 42,755,00 among the sales amount stipulated in the instant sales contract, and was unable to receive the remainder of KRW 7,7250,000,000, and the Defendant C complained against Defendant C as a crime of fraud. Defendant C was indicted under the former District Court’s Branch Branch Branch Decision 2015Kadan566, Jul. 7, 2015, and was sentenced to a suspended sentence of two years in imprisonment with labor for one year.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the instant claim, the Defendant corporation is a party to the instant sales contract. Defendant C is jointly a party to the instant sales contract, and as a result, the amount of KRW 77250,000,000 which was not paid by the Plaintiff due to each of the said sales contract, and as sought by the Plaintiff, from June 1, 2014 to April 4, 2016, the Plaintiff’s application for alteration of the purport of the claim and cause of the claim, from June 1, 2014 to April 7, 2016, respectively, shall be 5% per annum as stipulated in the Civil Act, and from the following day.