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1. Defendant A shall pay to the Plaintiff KRW 389,439,817 and the interest rate of KRW 15% per annum from June 4, 2016 to the date of full payment.
Reasons
1. Judgment as to the plaintiff's primary claim against the defendants
A. On May 8, 2014, the Defendants asserted that they conspired with each other to supply goods to the Plaintiff even if they received the payment of goods from the Plaintiff, by deceiving the Plaintiff without any intent and ability to supply the goods, and received KRW 389,439,817 ($ 384,586.17) from the Plaintiff as the price of goods. This constitutes a tort, and thus, the Defendants are jointly and severally liable to pay damages to the Plaintiff.
B. Determination 1) On January 2012, the Plaintiff entered into a contract with C Co. LTD (hereinafter “C Co.”), operated by Defendant B, and accordingly, if the Plaintiff made advance payment to C Co., Ltd., the Plaintiff continued to engage in the transaction until May 2014 in the manner that C Co. supplies nicotine to the Plaintiff.
B) Defendant B (hereinafter “D”) operated by Defendant A, one of his wife, on the ground that the head of the Tong C Co., Ltd. was attached to the Plaintiff around April 2014 and the withdrawal of funds could not be made.
(2) The Plaintiff offered a contract for the supply of goods equivalent to USD 384,586.17 (hereinafter “instant goods supply contract”) between D and D on May 2, 2014.
(C) On May 8, 2014, Defendant B paid USD 384,586.17 to D, which was the representative director of C Co., Ltd. and the sole executive officer of C Co., Ltd., and Defendant A is one shareholder holding 100% of the company’s shares as the sole executive officer, and Defendant A is one shareholder holding 100% of the company’s shares as the sole representative director and the sole executive officer. D) D did not deliver to the Plaintiff goods under the instant goods supply contract. [based on recognition] In full view of the above facts and the purport of the entire arguments, the Plaintiff entered in the goods supply contract for the period of two years and B.