손해배상(기)
1. Defendant B’s KRW 30,000,000 per annum for the Plaintiff and 5% per annum from January 21, 2013 to January 29, 2016.
1. The fact of recognition that Defendant B, on January 21, 2013, invested KRW 360 million to the Plaintiff in relation to the removal of scrap iron at the housing redevelopment site located in Incheoncheon-gu Housing Redevelopment site. On February 2013, 2013, Defendant B loaned KRW 30 million to the union executives as the expenses for selling scrap metal without molding within two months if it is necessary to pay to the union executives in return for a loan of KRW 30 million. The Plaintiff wired KRW 30 million to the account in the name of Defendant C, the former wife.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading
2. The plaintiff's assertion was obtained by deceiving the above money from the defendants, so the defendants are jointly and severally liable to pay to the plaintiff 30 million won and damages for delay.
3. Determination
A. According to the above facts of recognition as to Defendant B, Defendant B may recognize the fact that it received money by deceiving the Plaintiff. As such, Defendant B bears the obligation to pay to the Plaintiff the amount of money obtained by deceptioning the said money of KRW 30 million and the damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from January 21, 2013, which is the date of service of a copy of the complaint of this case, until January 29, 2016, which is the date of service of a copy of the complaint of this case, and from the next day to the date of full payment.
B. It is not sufficient to recognize that Defendant C acquired the said money jointly with Defendant C by examining the judgment of Defendant C, and the statement of Defendant C’s evidence No. 3 alone, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion against Defendant C is without merit.
4. In conclusion, the plaintiff's claim against the defendant B is accepted on the ground of its reasoning, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.