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1. Defendant B’s KRW 40 million and the Plaintiff’s 5% per annum from March 18, 2014 to November 13, 2015.
Reasons
1. Facts of recognition;
A. On February 23, 2014, the Plaintiff entered into an oil supply contract from Defendant B, which he/she became aware of through Defendant C, to the site of the national affairs of the East Sea of Gangwon-do, and may be punished by a fine of at least KRW 40 million per month, if he/she invests in the area of the national affairs of the East Sea of Gangwon-do. The total amount of the investment will be returned 17 days after the date of the return of the investment. Even after the refund of the investment money, the Plaintiff would pay KRW 5 million per month for two years until the completion of the construction works, and decided to make an investment in money to Defendant B.
B. On February 26, 2014, the Plaintiff, as requested by Defendant B, remitted each of KRW 23.88 million to the account in the name of D, and KRW 12.2 million to the account in the name of E on February 27, 2014, and paid each of KRW 3.92 million to Defendant B on February 28, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, whole purport of pleading
2. Assertion and determination
A. The Defendants asserted that they were not capable of returning money to the Plaintiff or paying investment profits, and that they used money received from the Plaintiff for any purpose other than the oil price, however, use the money received from the Plaintiff as oil price, and deceiving the Plaintiff as if they were to pay investment and investment profits, thereby deceiving the Plaintiff, and thus, the Defendants are obliged to pay KRW 40 million to the Plaintiff as compensation for damages caused by tort.
Even if the Defendants’ act does not constitute tort, the Defendants are obligated to return to the Plaintiff the investment amount of KRW 40 million, as promised by the Defendants.
Therefore, the Plaintiff seeks to pay the Defendants damages amounting to KRW 40 million and KRW 40 million based on the preliminary repayment agreement, as well as damages for delay calculated at the rate of 20% per annum from March 18, 2014 to the date of full payment of the principal amount (after 17 days from February 28, 2014, which is the final payment date).
B. The Plaintiff’s judgment on the claim against the Defendant B is around the foregoing.