손해배상(기)
1. The Defendants jointly committed against the Plaintiff with respect to KRW 60 million and KRW 50 million among them, from April 2, 2014, and KRW 83 million.
1. Determination as to the claim for damages of KRW 81 million in relation to the supply of raw water
A. The Defendants, by taking advantage of the fact that the Plaintiff is interested in Chinese business investment, conspired to obtain money from the Plaintiff as the Defendant C’s type D entered into a contract for the supply of raw water to Northern E, by deceiving the victim and obtaining money from the Plaintiff as the investment funds in the business of supplying the raw water.
Accordingly, in March 2014, Defendant B made an investment of KRW 60,000,000 in the above-mentioned supply business to the Plaintiff, that Defendant B would have the Plaintiff receive more than KRW 10,000,000 per month.
The Plaintiff paid KRW 60 million in total to Defendant B, including KRW 50 million on April 2, 2014, KRW 8.3 million on April 30, 2014, KRW 8.3 million on April 30, 2014, and KRW 1.7 million on May 2, 2014.
The Defendants were indicted by the Suwon District Court Branch 2017Kadan222 due to the above fraud, and was convicted on November 10, 2017, and became final and conclusive.
[Reasons for Recognition] Gap 2-4 Evidence, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendants were liable to jointly pay the Plaintiff damages amounting to KRW 60 million and delay damages, since they committed joint tort against the Plaintiff, thereby causing the Plaintiff to incur damages amounting to KRW 60 million.
The Plaintiff asserted that the amount acquired by the Defendants from the Plaintiff through the said deception is KRW 81 million, which exceeds KRW 60 million. However, it is insufficient to recognize that the Plaintiff acquired the amount exceeding KRW 60 million,00,000,000, which the Defendants acknowledged as the deception as alleged by the Plaintiff on the sole basis of the evidence No. 1, 5, and No. 1, and No. 6 of the evidence No. 1, 5, and No. 86,00,000,000,000,
Although Defendant B asserts that such circumstance should be taken into account as the Plaintiff’s mistake in incurring damages, it is difficult to accept in light of the fact that criminal conviction has become final and conclusive against the Defendants.
2. Claim for damages of the remainder of KRW 41 million.