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1. Defendant B, C, and D jointly share to the Plaintiff KRW 642,950,00,000 and its related thereto from August 14, 2018 to March 20, 2020.
Reasons
The grounds for each claim against Defendant B, C, and D are as shown in the attached Form of the claim.
A judgment rendered by the confession of applicable provisions of law (Articles 208(3)2 and 150(3) of the Civil Procedure Act) on February 8, 2018, the Plaintiff asserted as to Defendant E, F, and G entered into a contract for the manufacture and installation of waste crushing and screening with the Defendant Company B (hereinafter “Defendant Company”), and deposited KRW 488,950,000 in total until June 14, 2018 (i.e., KRW 48,57,400,000 on March 29, 2018) (i.e., KRW 50,000,000 on April 17, 2018).
However, around that time, there was no contact with Defendant D, the representative director of Defendant Company, and even after May 31, 2018, the installation of scrapers was suspended, and there was a suspicion that it does not belong to the Defendants, even though the installation of scrapers was finished on May 31, 2018.
However, on August 1, 2018, Defendant G contacted the Plaintiff on August 1, 2018, stating that “the Defendant Company is difficult, along with Defendant E and F, to reach the Plaintiff’s side,” the said Defendants met on August 6, 2018.
At the time of the above Defendants stated that “Defendant D and C are unable to bring the machinery into the machinery due to lack of money. However, we believe 3 us and pay the remainder of KRW 154,00,000 to the Plaintiff for the remainder of KRW 154,00,000, the said Defendants are liable and will receive all goods necessary for the installation of scrapers.”
The Plaintiff believed the above horses of Defendant E, F, and G and deposited the remainder of KRW 154,00,000 to the Defendant Company.
The above Defendants, despite being aware of the impossibility of performing their obligations to the Plaintiff (the duty to produce and install scrap scrapers) by Defendant C and D, sought the Plaintiff and let the Plaintiff transfer KRW 154,00,000 to the Defendant Company’s account as above. As such, Defendant E and F were liable for joint tort by intention, and Defendant G were liable for joint tort by negligence.
Judgment
The evidence presented by the Plaintiff is alone.