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1. Defendant C’s KRW 180,000,000 for Plaintiff A and its corresponding costs from March 25, 2013, and KRW 60,000 for Plaintiff B.
Reasons
1. Basic facts
A. The plaintiffs are married couple, and defendant D and E are married couple, and the plaintiffs and the above defendants reside in the same apartment.
B. Defendant D and E purchased vehicles for Defendant C to the Plaintiffs and run a business that receives fees by entering into a contract with Hyundai Industrial Management Co., Ltd. (hereinafter “Modern Industrial Management”). Defendant D and E also made investment and made profits, thereby introducing Defendant C.
C. Accordingly, the Plaintiffs decided to make an investment to Defendant C; Defendant E; Plaintiff A transferred KRW 30 million on December 24, 2012; KRW 30 million on February 26, 2013; KRW 30 million on February 28, 2013; KRW 30 million on March 4, 2013; KRW 180 million on March 25, 2013; KRW 60 million on December 24, 2012; and Plaintiff B transferred KRW 30 million on March 24, 2012; KRW 6 million on March 6, 2013; and KRW 30 million on March 6, 2013; and KRW 6 million on March 6, 2013, respectively.
Defendant E remitted to Defendant C total of KRW 180 million, including KRW 30 million on December 28, 2012, KRW 405 million on February 28, 2013, KRW 50 million on March 1, 2013, KRW 30 million on March 4, 2013, KRW 180,50 million on March 7, 2013, and KRW 70 million on March 7, 2013.
E. Defendant C prepared to Plaintiff A a deed of promissory notes in the face value of KRW 30 million on three occasions on December 20, 2012, 2012, including the date of remittance, and on February 26, 2013, and on February 28, 2013, Defendant C attached a contract agreement written in the name of Plaintiff A and Hyundai Industrial Management on each date of the said deed of promissory notes.
In addition, on February 26, 2013 and March 25, 2013, Defendant C prepared and executed a promissory note in the face value of KRW 30 million on two occasions to Plaintiff B, and on each date of preparation, attached a contract agreement written in the name of Plaintiff B and Hyundai Industrial Management.
F. Meanwhile, the modern industrial management posted the F Internet homepage a warning notice stating that all contracts entered into by Defendant C with the use of the name of the company and its representative without permission are irrelevant to the company.
G. At that time, the Plaintiffs committed fraud against the Defendants.