A. Even if the Defendants received money from the Plaintiff, but did not have the intent or ability to find employment of the Plaintiff’s son at the hospital, they deceiving the Plaintiff and acquired 40 million won in total from December 201 to April 5, 2012 as the Plaintiff’s job referral fees.

B. Defendant B demanded the return of the said money from the Plaintiff, respectively, returned KRW 10 million among them on November 1, 2013, and Defendant C returned KRW 6 million among them until September 25, 2015.

In addition, on January 19, 2018, Defendant B deposited KRW 5 million for the plaintiff as the name of damages, etc. in criminal cases against himself.

【Ground of recognition】 The fact that there has been no dispute (the defendant C is deemed to have raised a legal fiction), Gap evidence 1 through 7, Eul evidence 3, witness D’s testimony, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of the liability for damages, the Defendants, joint tortfeasors, have the obligation to jointly compensate for damages equivalent to the amount obtained by the Plaintiff due to the said deception, and shall pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the date of the tort to the date of delivery of the complaint of this case, and at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from

B. 1) The Plaintiff calculated a specific amount of compensation. The Defendants’ total amount of KRW 16 million was the principal of the said amount of compensation; the amount of KRW 5 million was appropriated for the damages incurred from April 5, 2012, which was the final date of tort; and there is no dispute as to the Defendants. In such a way, the Defendants also do not dispute the following. The Plaintiff calculated the amount as follows: (a) the principal amount of compensation was appropriated for the principal amount of the damages amount of KRW 16 million (=40 million). The amount of compensation was reduced to KRW 24 million (=16 million) as the Plaintiff appropriated for the principal amount of damages.

From April 5, 2012 to May 20, 2016, the instant complaint served on the Defendants at the rate of 5% per annum.