손해배상
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The F Co., Ltd. (hereinafter “F”) is an agent of H Housing Association (hereinafter “instant association”) that carries out a housing construction project in the Seoul Mapo-gu Seoul Metropolitan Government and 95 lots of land, and Defendant B is an employee of the F. Defendant D is the J Licensed Real Estate Agent in Mapo-gu Seoul Metropolitan Government, and Defendant C is a real estate agent of J Licensed Real Estate Agent in the J Licensed Real Estate Agent’s Office with a licensed real estate agent’s license leased from Defendant D, and Defendant E is a licensed real estate agent that operates the L Licensed Real Estate Agent Office in Mapo-gu Seoul Metropolitan Government.
B. On May 26, 2009, at the L Licensed Real Estate Office, the Plaintiff introduced Defendant E by requesting that Defendant E purchase an apartment as a member of the instant association. On the same day, the Plaintiff entered the F Office together with Defendant C, prepared an application for membership of the instant association with the F Office, and issued KRW 60,000,000,00 as the membership fee for the association, and issued KRW 20,00,000 as the membership fee for the association.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment as to defendant B
A. Defendant B, at the F Office on May 26, 2009, made a false statement as if he would give priority to the Plaintiff, and made the Plaintiff believe that he would have subscribed to the instant association as a member, and received KRW 20 million under the name of the association membership fee and KRW 60 million under the name of the association membership fee in the same place. Defendant B conspired with M or by aiding and abetting M to commit the crime of M, thereby deceiving the Plaintiff and causing damages equivalent to the Plaintiff’s membership fee, etc. Therefore, Defendant B is liable to compensate for this.
B. (1) In the case of joint tort under Article 760 of the Civil Act which causes damage to another person jointly by several persons who have incurred liability for damages, there is not only a conspiracy among actors, but also a common perception.