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

A. While the Plaintiff purchased from Defendant B, the representative director of Defendant C Co., Ltd. from around October 2008, Defendant B demanded advance payment in advance to the Plaintiff on the ground that the Chinese bee value was deteriorated, and the Plaintiff paid KRW 295,100,000 in total with the bee value from December 11, 2010 to May 19, 2012. However, Defendant B only supplied the Plaintiff with the sum of KRW 229,283,320 in total, and it did not supply the remainder of KRW 65,816,680 in advance and did not contact from around June 201 to around October 10, 201, Defendant B did not share the amount equivalent to KRW 360,670 in total with the freight charges of KRW 30,767,780 in total and KRW 780 in total, and the Plaintiff did not share the freight charges from the above Defendant B to the Plaintiff for tort, KRW 360,76767,750 and damages for delay.

B. Defendant B, the representative director of Defendant C Co., Ltd., acquired the above money from the Plaintiff, and the Defendant C Co., Ltd. shall bear the liability for a corporation’s tort pursuant to Article 35(1) of the Civil Act, and compensate for the above damages jointly and severally with Defendant B pursuant to Article 760(2) and (1) of the Civil Act.

2. Determination

A. First, as to the assertion that Defendant B acquired the amount equivalent to the price of bean, freight charges, and customs clearance costs that was not supplied from the Plaintiff out of the advance payment that Defendant B received, it was examined whether Defendant B failed to perform the contractual obligations, such as the obligation to supply bean, based on the agreement as asserted by the Plaintiff, while, in the case of witness D’s testimony, D are mutually liable.