1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. Defendant A, from January 21, 2009, worked as business employees at one branch office C from the Plaintiff’s border around January 21, 2009, sold a category of fruit products produced by the Plaintiff to the customer and charged with the business of collecting the price of the goods.

B. On April 2013, the Plaintiff suspended his/her business with the knowledge that the driver’s license of Defendant A was revoked, and investigated the actual situation of the outstanding amount to the customer managed by Defendant A, and confirmed that there was a difference between the actual outstanding amount of credit and the outstanding amount of credit in the account book.

C. Defendant A retired from the Plaintiff Company on April 11, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 7, and 8 (including virtual number), the purport of the whole pleadings

2. Determination as to the primary claim against Defendant A

A. The Plaintiff asserts that the Defendant A agreed to pay the amount of KRW 72,036,024 (72,036,024) that is useful in the amount of goods during his/her service until January 21, 2014, the Plaintiff is obligated to pay the agreed amount of KRW 72,036,024 and the damages for delay calculated from the date following the date on which the contract was due. (2) The Defendant A prepared documents to the effect that the head of the business office at the time of his/her retirement can make a withdrawal, but he/she did not intend to pay the outstanding amount of KRW 72,036,024.

B. Determination 1) In addition to the statements in Gap evidence Nos. 5 and 6, Defendant A’s statement added to the purport of the entire pleadings, around April 11, 2013, to the effect that the Plaintiff would pay KRW 72,036,024 to the Plaintiff by January 21, 2014 because he/she had been using a portion of the goods for personal use by collecting the goods during his/her service, and would not raise any objection to the civil and criminal measures, such as the payment to the Plaintiff when he/she failed to perform his/her service, offsetting the retirement allowances, and filing a criminal complaint. In addition, this case’s statement of utilization of public funds and a statement of repayment (hereinafter “the instant statement”).