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1. The plaintiff A:
A. Defendant C’s KRW 34,600,000 and for this, KRW 5% per annum from April 28, 2016 to February 23, 2017.
Reasons
1. Determination as to the claim against Defendant C
A. A. Around February 18, 2016, Defendant C provided that, “A” to the Plaintiff, “A may pay a large amount of money when F food is invested in this business with a strong seal. If G Co., Ltd. (a) investing money in the business that I take over and sell F, at least 200% of the principal shall be left behind, along with the principal.” Accordingly, during the period from February 18, 2016 to April 27, 2016, Plaintiff C provided Defendant C with KRW 54,60,000 in total as stated “the details of remittance to Defendant C” in attached Form 1 as investment money.
3) However, on September 2015, prior to receiving the investment money from the Plaintiff as above, Defendant C had been in de facto discontinuance of business since it had not been operated normally, and Defendant C used the money received from the investors to pay the principal and profit to the existing other investors, etc. The Defendant C, on January 29, 2019, knew the Plaintiff and received KRW 54,60,000 from the Plaintiff, as described in paragraph (1) of the same Article, “Notwithstanding having no intent or ability to pay the principal and profit even if the Plaintiff received an investment from the Plaintiff, the Defendant C, as described in paragraph (1) of the same Article, was convicted of having been sentenced to imprisonment for one year (U.S. District Court Decision 2018Da1666), and the purport of the entire pleadings as to the appellate court’s existence of grounds for recognition, entry, and the purport of each of subparagraphs 26,60, and each of the arguments in the entirety.
B. According to the occurrence and scope of the liability for damages and the above recognition, Defendant C has a duty to compensate for damages equivalent to the amount obtained by deceit, which was incurred by the above tort, unless there are special circumstances, since Defendant C deceiving Plaintiff A to take money of KRW 54,600,00 in the name of investment funds.
Plaintiff
A is a person who has received return of KRW 20,000,000 from Defendant C, so Defendant C is a person who has received return of KRW 34,60,000 from the Plaintiff.