1. The Defendant’s KRW 128,566,200 as well as 5% per annum from April 12, 2017 to December 23, 2019 to the Plaintiff.

1. In fact, the Plaintiff wholesaleed the vegetable in the Daejeon C market, and the Defendant purchased the vegetables from the Plaintiff and supplied the vegetables to the vegetable kimchi factory located in the vegetable region

The amount of the unpaid goods supplied to the Defendant from May 2016 to February 23, 2017 reaches KRW 128,56,200.

On March 22, 2017, the Plaintiff filed the instant lawsuit seeking payment of the unpaid amount of KRW 119,618,600 (the Plaintiff thereafter expanded its claim to KRW 128,566,200) jointly and severally against the Defendant and D, who is the husband and wife.

D As of June 11, 2019, the Daejeon District Court 2017Hadan1530 was terminated, and the Daejeon District Court 2017Ma1524 decided June 12, 2019 was granted immunity in the case of immunity, and the Plaintiff reported D to the creditor (the bond amount of KRW 119,618,600) in the bankruptcy case.

On July 26, 2019, the Daejeon District Court 2017Hadan1529 was abolished. On the same day, the Daejeon District Court 2017Ma1523 decided to grant immunity.

On February 13, 2020, the Plaintiff filed a complaint against the Defendant on the charge of fraud regarding KRW 119,618,600, and the Defendant was sentenced to imprisonment with prison labor for not less than two years and six months at the court of first instance on February 13, 2020.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 14 (including each number), the purport of the whole pleadings]

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 128,566,200 won payable to the plaintiff and delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from April 12, 2017, which is the day following the delivery date of the written complaint against the defendant, until December 23, 2019, and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Although immunity is granted to the defendant, the liability for damages caused by intentional tort is not subject to immunity.