A. On July 20, 2012, the Plaintiff made a false statement to the Plaintiff at the innju Office “D” office located in the Defendant’s operation, stating that “I would settle the price for packing and return the remaining money to the Plaintiff by selling the Dog himself according to the price in the prime unit price table.”

B. However, the Defendant was thought to sell the delivery price at a lower price than the unit price table, and to preferentially apply the sale price to the packing boxes for which he/she is required to receive.

C. As seen earlier, the Plaintiff was issued by the Defendant with the intention of deceiving the Defendant, and around July 20, 2012, the Plaintiff sold the said intention to E and received KRW 5,00,000,00 from the selling price of the said intention. Around that time, the Plaintiff received KRW 7,595,00 in total from the market price around September 9, 2012.

The Plaintiff paid KRW 3,000,000 to the Defendant out of the sales price of the Plaintiff’s own.

E. On October 10, 2014, the Defendant filed a lawsuit against the Plaintiff and received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the purport that the Plaintiff would pay to the Defendant 10 million won and the amount equivalent to 20% per annum from October 22, 2014 to the date of complete payment (hereinafter “decision on performance recommendation of this case”), and the said decision on performance recommendation was finalized on November 5, 2014.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, 8, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Plaintiff is obligated to pay KRW 9,595,00,000,000, which was paid to the Defendant by the Defendant on September 9, 2012, after deducting KRW 3,595,000, which was paid to the Defendant among KRW 12,595,000, which was paid by the Defendant on September 9, 2012, including KRW 7,595,00.

The defendant alleged that his market price was KRW 9,625,00,00, which was delivered by the plaintiff on September 9, 2012, but the above market price was 7.0