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1. The Defendants jointly share KRW 18,607,492 with the Plaintiff and Defendant B with respect thereto from December 27, 2016, and Defendant C with respect thereto.
Reasons
1. Basic facts
A. (1) The Plaintiff is a person who sells food, such as Scenic, swine, etc., in the name of “E” from Jun. 1, 2011 to Jun. 1, 201. (2) Defendant B is a person who sells meat, pigs, etc. in the trade name of “G” from Bupyeong-gu, Incheon. Defendant C is a representative in the name of “H,” who sells meat, pigs, etc. at a place of business such as Defendant B’s Cho-ro and the above “G” and worked as a manager in G.
B. From February 16, 2014 to September 1, 2016, the Plaintiff and the Defendants traded with Defendant B (G) supplied 33,64.2 kg as satiss of domestic swine by-products of Korean swine over a total of 35,841 g and 33,664.2 kg as satiss of domestic swine by-products, and paid 423,417,420 won out of total amount of 439,832,120 won, and the remainder of 16,414,700 won was not paid.
(hereinafter referred to as “satisfying”). The Plaintiff, at the request of Defendant B, has transferred most of the satisfaction payments to the national bank account (I) in the name of Defendant B until July 17, 2014, and thereafter, to the national bank account in the name of Defendant C (H).
The national bank account in the name of Defendant C(H) has been used from February 2014 to September 2016 for Defendant B’s monetary transaction or G transaction.
Defendant B opened a business account in the name of Defendant B (G) on May 13, 2015, but did not perform financial transactions with the customer through this account until January 2017 thereafter.
C. Defendant B’s criminal punishment against the Defendants was prosecuted for committing an offense, such as “after packing imported frozen sprinks from March 2, 2011 to October 11, 2015 by mixing them with domestic acid sprinks, and then falsely marking the country of origin on the package, vinyl, and transaction specifications, and delivering them to customers with the country of origin falsely indicated thereon”, and was in violation of the Act on Origin of Agricultural and Fishery Products on May 3, 201, etc., and KRW 8 months and fine 7,00,000.