1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. On January 17, 2013, the Plaintiff paid KRW 111,452,250 (hereinafter “the instant price”) to the Defendant, who had engaged in trade agency business, etc., as the import price for high-class fuel oil for Indonesia industry (hereinafter “MM”).

B. On January 17, 2013, the Defendant transferred the instant price to C by securing and sending the instant oil from Indonesia, but did not receive the instant oil from C, and the contact with C was cut down.

C. On August 22, 2013, the Plaintiff demanded the Defendant to return the instant payment, and the Defendant returned KRW 9,500,000 to the Plaintiff on September 3, 2013.

Although the Defendant was aware that it could not import the instant oil from C, the Defendant was indicted as a fraud charge that “the Plaintiff, by deceiving the Plaintiff to purchase the instant oil, received the instant price from the Plaintiff, and obtained it by deception,” and became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1) Determination as to the cause of the claim 1) In addition to the above facts of recognition, the following circumstances, etc., which are acknowledged by comprehensively considering the purport of the entire pleadings in Gap evidence Nos. 9, 10, and 11, are considered as follows. In the process of importing the oil of this case, the defendant did not transfer the price of this case to Eul at the plaintiff's request and make a customs clearance agency for the import of the oil of this case on behalf of the plaintiff, but rather, did not pay the price of this case from the plaintiff to the plaintiff for the import and return of the oil of this case

It is reasonable to see that the facts stated in the Evidence Nos. 1, 2, 3, 5, and 9 are not interfered with the above recognition.

① The Defendant shall pay the instant amount.