A. On June 27, 2016, the Plaintiff, which is a mobile phone distributor, entered into a contract on the consignment of a mobile phone that the Defendants, who operated the mobile phone selling company in the name of “E” in Busan Northern-gu, Busan, and the Plaintiff, supplied the Defendants with the mobile phone selling company, the Defendants are consigned to the customers, but the Defendants keep for the Plaintiff the balance of the mobile phone payment received from the customers, excluding the subsidies for the publication of the mobile phone, excluding the sales commission to be acquired by the Defendants.

B. From February 1, 2017 to March 17, 2017, the Plaintiff supplied the Defendants with a total of 733 mobile phone devices equivalent to KRW 660,093,50 in total, and 701 mobile phone core chips equivalent to KRW 6,168,80 in total, pursuant to the above consignment contract. Of these, the Defendants sold the mobile phone devices to customers 495,494,500 won, excluding the total amount of KRW 164,59,000 in total of the publication subsidy. Of these sales proceeds, the Defendants sold the mobile phone devices to customers for KRW 495,49,500, 305,340,000 in total.

Therefore, the amount to be paid by the Defendants to the Plaintiff is KRW 196,32,800, including KRW 190,154,00, and KRW 6,168,800, other than the above fee, and KRW 196,322,80.

C. On February 27, 2018, the Defendants were sentenced to imprisonment for ten months with prison labor for the following reasons: (a) the Defendants conspired in the case of embezzlement, etc. with Busan District Court Decision 2017Da3968 Decided February 27, 2018; and (b) the said judgment became final and conclusive upon the declaration of dismissal in the appellate court.

[Grounds for recognition] Class A evidence Nos. 1-1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, barring any special circumstance, the defendants jointly and severally, and thereafter, receive 10,000,000 won remaining after deducting the remainder of 186,322,800 won, which the plaintiff received from F Co., Ltd. as performance guarantee insurance for Defendant B from F Co., Ltd., and the final decision sought by the plaintiff.