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1. As to the Plaintiff KRW 35,258,00 and KRW 11,00,00 among them, the Defendant shall pay to the Plaintiff KRW 24,258,00 from January 7, 2017, and KRW 24,258,00.
Reasons
1. Facts of recognition;
A. On January 3, 2013, the Plaintiff entered into a contract with C (hereinafter referred to as “C”) with the Defendant, who serves as the representative director, for the term of contract from January 3, 2012 to March 31, 2012, and for the development cost of KRW 20,000,000,000, which is a smartphone game, and remitted the Defendant’s development cost to the Defendant’s corporate bank account as the development cost, KRW 10,000,000,000,000,000,000,000,000 to the Defendant’s corporate bank account on January 16, 2013.
B. On March 12, 2013, the Plaintiff entered into an agreement with C on the development cost of KRW 63 million from March 11, 2013 to August 31, 2013, and transferred development cost of KRW 24,258,00 to the bank account of C on March 13, 2013.
C. However, at the time of December 31, 2012, the Defendant, as of December 31, 2012, was liable for general debts of KRW 332.6 million, delinquent tax amount of KRW 48,662,720, and overdue wages of KRW 21,938,180, etc., making it impossible for the Defendant to normally operate the company. The Defendant failed to secure human resources to proceed with the app development plan as above “D” and “E” game (hereinafter “each of the instant games”), and it was not possible to employ additional human resources due to C’s managerial difficulties, and at that time, at that time, it was difficult for the Plaintiff to develop each of the instant games.
Nevertheless, the Defendant made a false statement that he would develop and offer each game of this case within the contract period when he pays the development costs to the Plaintiff, and that it received a total of KRW 35,258,000 from the Plaintiff and acquired it by fraud.
E. Accordingly, on October 13, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court (2016dan1196). On June 22, 2018, the appellate court rendered a judgment of the first instance on June 22, 2018 (2016No2062, 2018No676). However, the said judgment of the appellate court became final and conclusive on June 30, 2018.