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1. Defendants B and D shall jointly and severally serve as KRW 110,00,000 for the Plaintiff and as Defendant D with respect thereto from July 9, 2015.
Reasons
1. On March 2007, the Plaintiff asserted that “The Plaintiff transferred KRW 1.41 billion in total to Defendant C’s account from April 21, 2008 to May 21, 2008, each of the following facts: “The Defendant Bank was not an employee of the National Bank, but an employee of the National Bank, and paid 1.3 million won in total to Defendant C’s account, the husband of Defendant B’s husband, from April 21, 2008 to May 2, 2008, by investing in installment savings to which only the employees of the Bank are entitled to subscribe.” The Plaintiff did not have the ability to pay the Plaintiff interest through the Plaintiff’s intent to pay his debt, as above.
As above, the Defendants conspired to deception the Plaintiff, thereby obtaining a total of KRW 1.5 million from the Plaintiff (i.e., KRW 1.49 million) (i.e., KRW 1.419 million). Defendant C and D have made unjust enrichment by arbitrarily withdrawing part of the amount remitted to the Plaintiff. As such, the Defendants are jointly and severally liable to compensate the Plaintiff for damages or the return of unjust enrichment, which is part of the amount of damages or unjust enrichment, and the delay damages therefrom, as sought by the Plaintiff, as clearly stated by the Plaintiff.
2. Determination
A. Defendant B and D’s determination as to the claim against Defendant B and D were served with each of the copies of the instant complaint stated as above by the Plaintiff, and did not submit a reply and other preparatory documents without being present on the date for pleading. Thus, it is deemed that the Plaintiff led to the confession of the said assertion in accordance with Article 150(3) and (1) of the Civil Procedure Act.
Therefore, Defendant B and D shall jointly and severally seek from the Plaintiff the amount of KRW 110,000,000 as well as the amount of unjust enrichment after the occurrence of illegal or unjust enrichment.