1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff’s trade name is a person who sells chairs and other households in online shopping mall, etc., and the Defendant was a representative director of D, a company importing business households from around 2008 to February 29, 2016 (hereinafter “non-party company”).

B. On November 17, 2015, Nonparty Company filed a lawsuit against the Plaintiff seeking payment of KRW 20 million due to the Seoul Central District Court Decision 2015Da6897461.

On April 12, 2016, the mediation was concluded that the Plaintiff paid the non-party company KRW 12 million to the non-party company.

C. Meanwhile, the Defendant was indicted of “a total of KRW 23,853,600 for consumption of KRW 23,853,600 over 23 occasions from around April 24, 2015 to around March 21, 2016 and embezzled in mind,” and the Defendant was sentenced to imprisonment with prison labor for 5 months (one year of suspension of execution of sentence) from the Suwon District Court Sungnam Branch Branch 2017Da1236, August 9, 2017, which was sentenced to imprisonment with prison labor for 5 months (one year of suspension of execution) and became final and conclusive around that time.

(hereinafter referred to as “related criminal case”). D.

On August 30, 2017, the non-party company received a seizure and collection order against the deposit claims held by the Plaintiff against the K Bank Bank Co., Ltd. as Seoul Northern District Court 2017TTTT 109763, with the amount claimed as KRW 14,355,471 according to the above conciliation protocol.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 47, 48, 49 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. From April 24, 2015 to March 17, 2016, the primary Plaintiff remitted total of KRW 12,403,600 to the Defendant’s personal account for the non-party company as the purchase price for the non-party company. However, the Defendant:

1.(c)

The price of the goods was not paid to the non-party company, such as embezzlement of all of them as described in the paragraph.