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1. The Plaintiff:
A. Defendant B and C are jointly and severally liable for KRW 110,00,000,00 and as to the aforementioned, from June 28, 2011 to December 10, 2014.
Reasons
1. Basic facts
(a) The Party E is a substantial operator of school foundation G that establishes and operates a F High School, and Defendant D is a person who has handled the administrative affairs of F High School under the direction of E;
Defendant D, through H, became aware of Defendant B through Defendant B and Defendant C in sequence in the process of physical coloring sports teachers who will work at F High Schools.
Defendant C recommended the Plaintiff to Defendant B and D as an Fhigh School Sports Teachers.
B. On October 1, 2010, Defendant B and Defendant C provided that “A school development fund is required to be sent first to the F High School Sports Teachers wishing to be a F High School Sports Teachers.” Accordingly, on October 1, 2010, Defendant B transferred KRW 5 million to the I’s account, the father of Defendant B, who was the father of Defendant B. (2) On November 14, 2010, Defendant D told the Plaintiff to the effect that “a donation is necessary to employ the Plaintiff as a sports teacher,” and Defendant B stated to the effect that “a KRW 40 million is required to employ the Plaintiff as a sports teacher.”
3) On November 14, 2010, Defendant B told the Plaintiff to the effect that “it is necessary to employ 80 million won as a Fhigh school sports teacher.” Accordingly, the Plaintiff wired the amount of KRW 15 million with I’s account on November 15, 2010, KRW 10 million on November 16, 2010, KRW 50 million on November 17, 2010, and KRW 55 million on November 17, 2010. Defendant B transferred the amount of KRW 40 million to Defendant D out of the aforementioned amount of money transferred as above (see, e.g., Supreme Court Decision 200 million on November 5, 2010, KRW 10 million on January 16, 2010, KRW 10 million on each account under the name of Defendant D’s account on November 16, 2010, KRW 70 million on each of the above accounts.
(4) On November 17, 2010, Defendant C told the Plaintiff to the effect that “The remainder of KRW 25 million out of KRW 80,000,000,000 as donations, may be promptly transferred to the account in the name of the Plaintiff,” and accordingly, Defendant C may have a fiduciary relationship with E, without promptly sending the money.” Accordingly, the Plaintiff was the Defendant C’s account under the name of the Defendant C on November 17, 2010.