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1. The Defendant’s KRW 169,290,000 for the Plaintiff and 6% per annum from January 24, 2013 to January 8, 2018, and the following.
Reasons
1. Facts of recognition;
A. A. Around May 26, 2012, around May 26, 2012, the Defendant Company (hereinafter, the Plaintiff and the Defendant respectively referred to as “Plaintiff Company” and “Defendant Company”) conducted the business of selling fuel additives in Indonesia.
At the time, C made a mass production of fuel additives and did not have an intent or ability to make profits by selling them in Indonesia, it was false to the effect that E, the actual manager of the Plaintiff, can be punished for a large amount of money by selling fuel additives, and it was remitted from E to KRW 165 million.
B. Then, C made a false statement to the effect that, for the prompt production of fuel additives, E made advance payment of the manufacturing price to D, and made a request for prompt production of additives. Accordingly, upon E’s instruction, the Plaintiff Company entered into a contract with the Defendant Company for the supply of fuel (hereinafter “F”) with the Defendant Company on January 23, 2013, and paid 16,9290,000 won as advance payment of the manufacturing price of fuel additives (hereinafter “instant advance payment”). On the same day, C made a payment to the Defendant Company as advance payment of the manufacturing price of fuel additives.
C. However, the Defendant Company did not deliver fuel additives to the Plaintiff Company or send fuel additives to Indonesia, as well as did not disclose the production quantity of fuel additives and manufacturing facilities despite the Plaintiff Company's repeated demand.
C above A.
paragraphs 1 and 2.
On February 10, 2017, as a result of the charges on the acts described in the port, the appellate court was sentenced to three years of imprisonment with prison labor (the cases of the Suwon District Court 2015No5828, 2016No6497 (Joinder)), and the above judgment became final and conclusive as it is.
(hereinafter referred to as “related criminal case”). (e)
Plaintiff
On January 8, 2018, the complaint of this case containing the purport to cancel the instant supply contract due to the nonperformance by the Defendant Company.