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1. Defendant B’s KRW 70,000,000 as well as 5% per annum from March 18, 2014 to August 24, 2017 to the Plaintiff.
Reasons
1. In full view of the purport (in the absence of any dispute, and including any substantial fact in this court) of the entire pleadings in Eul's judgment as to the claim against Defendant B or 16-3, Defendant B, without any intent or ability to return money to the Plaintiff on March 14, 2014, but there is no evidence to obtain a loan of KRW 3 billion from the Plaintiff as security. In order to obtain a loan, if Defendant C, a construction designer, sent KRW 70,000,00 to the Plaintiff, he/she would return KRW 70,000,000 to Defendant C or directly after obtaining a loan from the bank, he/she would return KRW 70,000,000,000 to Defendant C's D Bank account as above. The Plaintiff is recognized to have remitted KRW 20,000,000 to Defendant C's D Bank account on March 14, 2014; and
As such, Defendant B’s act constitutes a tort, and thus, Defendant B is obligated to pay to the Plaintiff the amount of KRW 70,000,000, which is the remitted amount of the Plaintiff as seen earlier, and 5% per annum under the Civil Act from March 18, 2014, which is the date of the instant judgment, to August 24, 2017, which is the date of the instant judgment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.
In addition to the above KRW 70,00,000, the Plaintiff paid KRW 10,000,000 to Defendant B at the end of Defendant B around that time, and Defendant B claimed that the above KRW 10,00,000 should be paid to the Plaintiff for damages due to tort. However, it is insufficient to recognize that the Plaintiff paid KRW 10,00,000 to Defendant B in addition to the above KRW 70,00,00,000 on the sole basis of each of the evidence Nos. 5,6,9, and 111. Since there is no other evidence to acknowledge this, the Plaintiff’s claim for this portion is without merit.
2. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion that Defendant C received KRW 50,000,000 from Defendant B’s design cost.