A. The plaintiff is a corporation with the purpose of wholesale and retail business, and the defendant was a representative director of the non-party B corporation.

B. On March 31, 2014, the Plaintiff entered into an agreement with the Defendant on the supply of Chile Islands owned by the Plaintiff to B Co., Ltd. on which the Defendant was working, and accordingly, the Plaintiff supplied Mapo-do equivalent to KRW 256,073,00 on March 31, 2014 through April 11, 2014. However, the Defendant did not pay the price of the said goods by April 21, 2014, but rather closed and temporarily set down the said B Co., Ltd. on May 24, 2014.

C. The Plaintiff filed a complaint against the Defendant as a crime of fraud, and the Suwon District Court rendered a sentence of one year and eight months to the Defendant by recognizing the Defendant’s criminal facts committed by the Defendant (Article 2014Da1654). The Defendant appealed against the above judgment, but the judgment of the lower court became final and conclusive by dismissing the Defendant’s appeal on December 9, 2015 at the Suwon District Court.

(U.S. District Court 2015No5602). D.

As can be seen, since the defendant deceivings the plaintiff without the ability to pay the price for the goods, and received a delivery equivalent to KRW 256,073,00 from the defendant, and caused property damage equivalent to the above amount to the plaintiff through illegal acts that did not pay the price for the goods, it constitutes a tort under Article 750 of the Civil Act. Accordingly, the defendant shall pay the above amount and delay damages to the plaintiff

E. Therefore, the Defendant is obligated to pay to the Plaintiff 5% interest per annum under the Civil Act from April 21, 2014, which is the date of the above 256,073,000 won and the date of tort, until March 22, 2016, and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. Applicable legal provisions of Article 208 (3) 1, and Article 257 (Judgment without Holding Any Pleadings)