A. The Plaintiff is a company mainly aimed at the secondary establishment and distribution business, and the Defendant is a substantive operator of Information and Communications Wholesale Business Co., Ltd. (hereinafter “C”).

B. On April 26, 2016, the Defendant: (a) had C’s employees D, the representative director of the Plaintiff, install a sealed outdoor smoking room at the F site; and (b) said C would have paid the incidental amount in Jeju.

Accordingly, between C and C, the Plaintiff entered into an agreement on the business partnership (hereinafter “instant agreement”) with the Plaintiff to establish the four products of sealed-type outdoor smoking-type tobacco in KRW 95 million (14.5 million when including value-added tax) at the above site.

C. On May 10, 2016, the Defendant paid KRW 10 million to E, the representative director of the Plaintiff, as down payment under the instant contract, and said that all remainder would be paid within two weeks after installing a smoker. Accordingly, the Plaintiff installed smoker in F, the Plaintiff from May 10, 2016 to July 8, 2016.

However, at the time of the conclusion of the instant contract, C was in excess of its obligation to the extent that it is delinquent in taxes and is unable to pay employee benefits properly, and there was no receipt of communications-related construction and no particular import.

E. On May 21, 2020, the Defendant was sentenced to 10 months by imprisonment with prison labor for the criminal facts of fraud that read, “The Defendant, even if the Defendant entered into the instant contract with the Plaintiff, did not have the intent or ability to pay the price, and did not make the Plaintiff install a smoker and did not pay the price of KRW 94.5 million, thereby deceiving the Plaintiff from the Plaintiff,” and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 14, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, even if the defendant, at the time of entering into the contract of this case, had the plaintiff install a smoking part at the time of entering into the contract of this case.