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1. The Defendant’s KRW 65,00,000 as well as 5% per annum from October 6, 2015 to April 10, 2017 to the Plaintiff.
Reasons
1. Grounds for recognition;
A. At around 2013, the Defendant operated a fishery product copon store in the name of the Defendant’s wife at C points, and supplied fishery products to E stores. From April 2013, F was working as the Defendant’s employee at C points, and it was practically operating and managing C points from July 2013 to July 2013.
B. Around April 2013, F heard that the Defendant would be able to obtain the E store operating right, and the Plaintiff would be entitled to receive the E store operating right, and recommended the Plaintiff to make an investment, and the Plaintiff paid KRW 40 million to F on or around July 2013, under the condition that E store operating right is granted to E store operating right.
C. F paid KRW 30 million, out of KRW 40 million received from the Plaintiff, to the Defendant as E’s premium, and the Defendant used the above KRW 30 million as business funds, such as house purchase.
However, the Defendant failed to obtain the right to operate the E store, and the Plaintiff supplied fishery products to the E store on behalf of the Plaintiff via F around June 2014 until the Plaintiff came to have the right to operate the store. Accordingly, the Plaintiff supplied fishery products worth KRW 80,222,95 to E store from June 2014 to December 2014, but the Plaintiff was not paid KRW 36,575,310 among them.
E. As above, the Plaintiff filed a complaint against the Defendant and F in fraud, etc. on October 1, 2015, when the police investigation was conducted on July 1, 2015, on the following grounds: “F’s capital amounting to KRW 28.5 million in the form of investment funds for business start-up, and KRW 36.5 million in total, KRW 6.5 million in the form of investment funds for business start-up, and KRW 36.5 million in the form of the F’s capital amounting to KRW 28.5 million in the form of investment funds for business start-up, and KRW 65 million in the Plaintiff’s account instead of the F’s account on the sixth day of each month. The deposit deadline shall be deposited into the Plaintiff’s account on October 5, 2016, respectively.
shall be drawn up;