1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. At around 2013, the Defendant operated a fishery product copon store in the name of the Defendant’s wife at C stores (hereinafter “C stores”) and supplied fishery products to E stores directly operated by E stores (hereinafter “E stores”). From April 2013, F is a person who was employed as the Defendant’s employee at C stores.

B. Around April 2013, F recommended the Plaintiff to have the right to operate a fishery product store with E store via the Defendant, and the Plaintiff paid KRW 40 million to F on or around July 2013, under the condition that F is entitled to receive the right to operate a fishery product store with E store.

C. Around July 2013, F paid KRW 28.5 million, among the KRW 40 million received from the Plaintiff, to the Defendant as a fund for the store business, etc., and the Defendant, D, and F operated the store business with C, and the Defendant used the said KRW 28.5 million received from F as a business fund.

F and the Defendant, upon the failure to obtain the right to operate a fishery product store at E stores around June 2014, supplied the Plaintiff with fishery products on behalf of the Defendant until the right to operate the store became available. Accordingly, the Plaintiff supplied fishery products equivalent to KRW 80,222,95 to E stores from June 2014 to December 2014, but failed to receive KRW 36,575,310 among them.

E. As above, the Plaintiff filed a complaint against the Defendant and F in fraud, etc. on October 1, 2015, when the police investigation was conducted on July 1, 2015, on the following grounds: “F’s capital amounting to KRW 28.5 million in the form of a business initial investment fund, and KRW 36.5 million in total, KRW 6.5 million in the form of a business initial investment fund, shall be deposited into the Plaintiff’s account instead of the F Account on the sixth day of each month in accordance with the F Account based on the F Account based on the sixth day of each month. The deposit term is in principle the full payment system on October 5, 2016.”

(B) prepare and conclude the plan. (3) A dispute concerning the basis of recognition.