1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. The plaintiff company is a company established in accordance with Japanese law and mainly engages in the business of importing and selling textile products such as clothing in Korea, and the defendant company engages in the manufacturing and selling of textile products and its incidental business.

Defendant D is the representative director of the Defendant Company, and Defendant C was a director of the Defendant Company, and the said Defendants concurrently operated the Defendant Company.

B. In the event that the Plaintiff Company purchased clothes from May 2012 to sell the Plaintiff Company’s export proceeds to the Defendant Company’s account in the name of the Defendant Company, Defendant C and D, from around May 2012, sent the clothes to the Defendant Company’s national bank account in the name of the Defendant Company, the Plaintiff Company, which was selling in Japan, has been performing a prompt-name remittance business that enables customers to pay the clothes payment by withdrawing the money and delivering it to E who is assisting the Plaintiff Company’s business in Korea.

C. Defendant C and D’s fraud crime (1) around August 29, 2012, Defendant C stated that, by telephone, the representative director of the Plaintiff company located in the office of the Defendant company located in Seocho-gu Seoul Seocho-gu Seoul, transferred the clothing price purchased in the Dongdaemun-gu market to B’s account, it would exchange it and pay it to E.

However, in fact, Defendant C and D did not intend to deliver the price of the clothes to E even after receiving the money of the clothes, and did not receive the money of the Plaintiff Company, and G received the money of the clothes remitted by G to use it as the repayment of the Defendants’ debt.

Defendant C and D, as seen above, deceiving the Plaintiff Company, and that deceivings it from the Plaintiff Company to the account of a national bank in the name of the Defendant Company on August 29, 2012, by receiving 12 million UN transfer from the Defendant Company as the money for clothes.

(2) After December 2012, 201, Defendant C and D closed down the Defendant Company’s door, and closed the Defendant Company around December 2012.

Defendant in the process of the relevant criminal case.