Litigation costs shall be borne by the plaintiff.

A. On July 15, 2016, the Plaintiff entered into a sales contract for the commission of mushroom (hereinafter “instant sales contract”) with the Defendant as follows.

On July 14, 2016, the Plaintiff entered the D bonded warehouse located in Yangsan-si, designated by the Defendant, with one set of Cambodia (6,000 g, rap packer) and one set of cut machines, and the Defendant accepted the said goods.

The sale of the above articles is discussed by the plaintiff and the defendant, and the defendant sells them.

B. On July 14, 2016, the specifications of mushroom measurement issued by the Plaintiff to the Defendant are written at 5,810km.

C. Since then, the Defendant’s obligee E Co., Ltd. seized mushroom (161max, 61 flat) in the Defendant’s custody (F). The Defendant, with the Plaintiff’s consent, won in the Plaintiff’s lawsuit of objection (this court’s 2018da60153) by filing a lawsuit of objection against a third party under the Plaintiff’s name, but did not pay the deposit for the suspension of compulsory execution, and thereby, G, the Defendant’s seat, was awarded a successful bid of KRW 1.57 million.

On October 1, 2018, the Plaintiff issued a measurement certification check to confirm that the weight of mushroom taken over on the part of the Defendant was 4,400 km after taking over mushrooms successful in D bonded warehouses.

E. The Plaintiff filed a criminal complaint on the ground that he/she arbitrarily disposed of and embezzled five 1,410kg (the five gabs in the specifications of measurement issued to the Defendant at the time of the conclusion of the instant consignment sales contract) of the Defendant, which was kept in custody in the instant consignment sales contract, and then disposed of and embezzled the Defendant at the time of the conclusion of the instant consignment sales contract. However, the Ulsan mountainous District Inspection was subject to a disposition that was not suspected on June 26, 2019.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 8, Eul 1, 2 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant’s assertion does not take over 1,410 g (200,000 won per kg market price, total of 282,00,000), among the mushrooms measured and taken over by weight, without any separate guidance.