A. Defendant B and E (hereinafter “Plaintiffs, etc.”) imported and sold saws, pellets, pelpellets, organic fertilizers, etc. in Vietnam while engaging in trade business in the name of the Plaintiff and E (hereinafter “Plaintiffs, etc.”). Defendant B said, the Plaintiff and E (hereinafter “Plaintiffs, etc.”) stated to the effect that Defendant B would import and supply fire saws, pelpellets, and organic fertilizers, etc., which were employed in the Republic of Korea as a franchis, and that Defendant B would make settlement

As a result, between April 30, 2012 and June 19, 2012, the Plaintiff remitted 70 million won in total to four times through an account under the name of the Defendant C (the representative in the name of business registration, and Defendant B’s ASEAN). From April 30, 2012 to May 31, 2012, E remitted 50 million won in total to three times via an account under the name of the Defendant C, etc. between April 30, 2012 and May 31, 2012.

B. Defendant B told the Plaintiff, etc. to the effect that “I, by establishing H, take over and operate rubber tree factories in Myanmar, and import and sell fire fighting pellets, pellets, organic fertilizers, etc. in Vietnam, Defendant B invested 400 million won in Vietnam’s factory, and that I would invest KRW 2 billion in the volume of foreign timber, and that I would invest KRW 300 million in the volume of foreign timber.”

Accordingly, between July 25, 2012 and December 10, 2012, the Plaintiff remitted 128 million won in total to the account under the name of the said company five times during the period from July 25, 2012 to December 10, 2012, and E remitted 98 million won in total to the account under the name of the said company on July 26, 2012 and September 24, 2012.

Defendant B established H on July 25, 2012, and registered the investor J and the Plaintiff as each representative director and in-house director, and operated the said company as the actual representative director.

Defendant D as his father and wife, worked as an employee of the above company.

C. However, Defendant B did not import and sell fire pellets, pellets, organic fertilizers, etc. at the time of fact, and secured the sales source of fire fighting.