1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is a company aimed at manufacturing informatization industry equipment, etc., and Plaintiff B is an individual business operator who installs a video monitoring device in the trade name of Plaintiff B, the representative director of Plaintiff Company, and “E”.

The defendant is a company that aims at construction business, etc.

B. On November 2015, as the representative director of the Plaintiff Company and the representative director of the Plaintiff B, the Defendant’s representative director, and the Plaintiffs did not contract construction works or sell goods to the Defendant. However, if the Plaintiffs wired money to the Defendant according to the amount stated in the said tax invoice, the Plaintiff agreed to return the remainder of the money excluding the said commission and value-added tax 10% to the Plaintiffs via H, a vice head of the Gyeongnam Bank G branch of the Gyeongnam Bank, with the fees of about 3% and about 5% of the amount in return for the issuance of the said tax invoice and the remaining money excluding the said commission and value-added tax 10%.

(hereinafter referred to as “instant agreement”). C.

Pursuant to the instant agreement, from November 9, 2015 to January 26, 2016, Plaintiff Company remitted total of KRW 1,427,270,000 to the Defendant ten times in total, and the Defendant withdrawn KRW 1,268,00,000 in cash over a total of 18 times from March 4, 2016 to June 30, 2016.

On the other hand, on January 26, 2016, Plaintiff B remitted total of KRW 325,00,000 to the Defendant four times.

D is charged with criminal facts, such as embezzlement of funds owned by the Plaintiff Company as described in the above B and C, and disguised acquisition of criminal proceeds by issuing a false tax invoice, and on April 28, 2017, the court was sentenced to one year and six months of imprisonment and three years of suspension of execution (this Court 2017Gohap3), due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment (the above Court 2017Gohap3).