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1. The Defendant’s KRW 26,970,00 for the Plaintiff and KRW 5% per annum from June 18, 2012 to October 30, 2014.
Reasons
1. Basic facts
A. On June 13, 2012, the Defendant, who sold clothes, etc. imported directly from the United States in the trade name of C, D, etc., entered into an interim management contract with the effect that: (a) the Plaintiff paid KRW 30,000,000 to E operated by the Defendant; and (b) the intermediate manager of the said shop, who is entrusted the goods from the Defendant, manages and sells the goods; and (c) is paid 10% of the sales commission at a rate of at least 30,000,000 per annum (hereinafter “instant contract”).
B. From June 13, 2012 to June 18, 2012, the Plaintiff paid KRW 30,000,000 to the Defendant under the title of the entrusted management deposit pursuant to the instant contract.
C. However, around July 8, 2013, the Defendant was indicted on the criminal facts of fraud, such as “The Defendant resided in the United States for 20 years in Korea, and was convicted of all of the above criminal facts on July 8, 2013,” and the judgment of conviction became final and conclusive around February 13, 2014, on the following grounds: “The Defendant was convicted of all of the criminal facts of fraud, such as “The Defendant was convicted of the Defendant on the charge of the above criminal facts on the charge of fraud, including “The Defendant, residing in the United States for 20 years, was not experienced in the domestic situation, was unable to pay a monthly salary to the interim manager of the store, and there was no intention or ability to return the deposit money due to a lack of his/her capital stock, if deposited the deposit to 25 victims, including the Plaintiff, including the Plaintiff, by making a false statement that he/she will be in charge of the intermediary management
Meanwhile, around September 2014, the Plaintiff: (a) sold clothing 210 points to F in the above E store operated by the Defendant from September 2012 to November 201, 2012; (b) deposited KRW 3030,000 in the bank account in the name of the Plaintiff’s father; and (c) kept in custody for the Defendant.