1. The Defendant’s KRW 3,361,673 as well as 5% per annum from April 1, 2014 to December 17, 2014 to the Plaintiff.

Basic Facts

The plaintiff is a so-called special-purpose company that installs special equipment in a medium and large truck, etc., and the defendant is an installment financing company, etc.

In order to purchase a truck with 4.5 tons from a sales company of another treatment-based tea and to obtain a loan from the plaintiff et al. to install special equipment, such as a cryp and freezing towers, the EPK entered into a installment financing contract with the defendant on June 30, 201, on July 29, 201, with the defendant on 21 installment financing contracts on August 15, 201.

The Defendant deposited KRW 2,089,100,000 in the bank account under the name of the Plaintiff for the purpose of the purchase cost of the above-mentioned truck in Emerckn and the installation cost of special equipment.

The Plaintiff withdrawn the remainder, excluding the cost of installing some special equipment, out of the above loans, at the request of Escifics, and paid Esifics to Esifics.

On May 8, 2012, the Defendant filed a lawsuit against the Plaintiff seeking damages (hereinafter “instant principal lawsuit”), and the claims and grounds therefor are as follows.

The first instance court (Seoul Central District Court 2012Gahap38181): AFCK used loans received from the Defendant under the installment financing contract as costs for purchasing trucks and installing special equipment; and the Plaintiff, who entered into a installment financing contract on behalf of AFCK, took part in the said fraud and use of funds by paying the said loans to EFCK, thereby compensating the Defendant for KRW 1 billion out of the amount of the unpaid claims against EFK.

The appellate court of the above case (Seoul High Court 2013Na6225): The plaintiff shall manage the loan only for the purpose of the purchase price of the truck and the cost of installing special equipment, etc. in accordance with the trust or delegation relationship with the defendant.