A. On January 20, 2014, B Co., Ltd. (hereinafter “B”) entered into a contract on the entrustment of business affairs (hereinafter “instant entrustment contract”) with Es&S marketing Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and concluded a contract on the entrustment of mobile phones, etc. supplied by Nonparty Co., Ltd. (hereinafter “instant entrustment contract”).

The representative of B is the plaintiff.

B. On January 2014, B was entrusted by Nonparty Company with the sale of 65 terminal devices, but it was returned to Nonparty Company 10,000 among them, and the remaining 55 unit sales were not returned.

B suspended the operation of the store on February 2014, cut off contact with the non-party company, and closed on March 17, 2014.

C. On February 26, 2015, the Defendant paid KRW 49,553,90 as insurance money to the non-party company 55 units of the above device, according to the insurance contract concluded with the non-party company.

On April 13, 2017, the Defendant filed a lawsuit claiming indemnity against the Plaintiff (hereinafter “instant lawsuit claiming indemnity”) with the Seoul Central District Court 2017Da507134 on the ground that “the Plaintiff, a representative of B, embezzled 55 terminal devices of Nonparty Company, bears the liability for damages to Nonparty Company.”

On July 13, 2017, the court rendered a judgment that “the plaintiff shall pay to the defendant 49,553,900 won with 5% interest per annum from February 27, 2015 to June 23, 2017, and 15% interest per annum from the next day to the day of full payment” (hereinafter “instant judgment”), and the judgment of this case became final and conclusive around that time.

(hereinafter referred to as the “instant claim”) the above damage claim of the non-party company or the Defendant’s claim for reimbursement.

On the other hand, on October 22, 2015, the Plaintiff filed an application for bankruptcy and immunity with the Incheon District Court 2015Hadan5389, 2015Ma5391 on October 22, 2015, the Plaintiff was declared bankrupt on December 18, 2015, and the decision to grant immunity on June 7, 2016, and the aforementioned decision to grant immunity is made on June 2016.