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1. The part against Defendant C among the judgment of the first instance is revoked.
2. Defendant C shall pay to the Plaintiff KRW 306,895,680 and its related amount.
Reasons
1. The plaintiff's assertion
A. (1) The Plaintiff received proposals from Defendant C, the land owner, to import and sell headies from G operated by F in the name of Defendant B, Inc., a corporation whose representative director is Defendant B, and to ensure that the country of origin is kept in Vietnam, the Plaintiff received proposals from the land owner after sending head points through Vietnam Company and receiving headies.
② Around March 2007, the Plaintiff entered into a bilateral import agency contract between H companies in Vietnam and H companies in accordance with the import agency contract between H companies in Vietnam (H companies, and thereafter, “H companies”) and H companies in relation to 3,900 tons per ton, and H companies are under the control of Defendant D, a certified public accountant in Vietnam, or are in a relationship of her mother.
③ The Defendants had the Plaintiff wired the said head price to H company. On April 3, 2007, the Plaintiff transferred USD 327,600 to the account in the name of E in the foreign currency deposit passbook in the name of the NA branch in the name of the Plaintiff, the Plaintiff’s wife. On April 5, 2007, Co., Ltd. deposited USD 327,572 to the H company’s account on April 5, 2007. The money was immediately transferred to the J bank’s account unrelated to the G operated by F under the direction or intervention of the Defendants.
The Plaintiff did not receive 84 tons of Hobal, which was to receive until May 15, 2007, of 84 tons.
④ In light of the above circumstances, the Defendants conspired with the Plaintiff even though they did not have the intent or ability to supply head of head of head of head of head of head of head of head of head of head of the tax office even if they received the head of head of head of head of the tax office, and deception or embezzlement by receiving the head of head of head from the Plaintiff after deceiving the Plaintiff, thereby deceiving the Plaintiff, and thus, the Defendants, the joint tortfeasor, shall jointly and severally, convert USD 327,600 to USD 327,60,00, which is the base rate for trade at the time of April 3, 2007.