손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 17, 2017, the Plaintiff: (a) drafted a notarial deed of money loan agreement (No. 652, 2017, No. 2017, No. 2017, No. 652, hereinafter “notarial deed”); (b) the Plaintiff and Defendant B jointly and severally guaranteed the Plaintiff’s obligation under the monetary loan agreement for consumption based on the Plaintiff’s notarial deed.
Defendant B had been registered as an auditor of Defendant C Incorporated Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from March 2016 to November 201, 2016, and Defendant B Company G was appointed on March 11, 2016 as the representative director of the Defendant Co., Ltd., but retired on November 24, 2016, and H was appointed as the inside director of the Defendant Co., Ltd.
[Ground for Recognition: Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings]
2. Determination on the claim
A. The Plaintiff asserts to the effect that Defendant B, by misrepresenting himself as the representative director of the Defendant Company and attracting investments to the Plaintiff, caused the Plaintiff to be paid KRW 170 million to D on July 17, 2017, and thus, the Defendants are jointly and severally liable to compensate for the amount of KRW 170 million and damages for delay.
B. As to the fact that the defendants' illegal acts such as the plaintiff's assertion, it is not sufficient to acknowledge only the statements of Gap evidence Nos. 2 and 3 and witness D's testimony, and there is no other evidence to prove otherwise.
Therefore, we cannot accept the Plaintiff’s assertion premiseding that the Defendants committed a tort.
3. The plaintiff's claim against the defendants is dismissed in entirety.