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Reasons
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(영문) 수원지방법원성남지원 2014.01.22 2013가합201437
손해배상(기)
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1. Defendant B’s KRW 110,000,000 as well as 5% per annum from October 25, 201 to September 6, 2013 to the Plaintiff.

Reasons

1. The Plaintiff’s assertion asserts the following facts as the cause of the instant claim. A.

The plaintiff lent KRW 60 million to the defendant B, who was well aware of the fact, and the above defendant was at the next day to pay the above money.

B. Around October 21, 201, the Plaintiff purchased detached houses and the intermediate payment cost of KRW 200 million, and the Defendant introduced to the Plaintiff around October 21, 201, the said Defendant stated that “The amount of KRW 100 million is required to be paid to the Plaintiff. Defendant B lent KRW 60 million to Defendant C in lieu of the Plaintiff. If the Plaintiff additionally lends KRW 100 million to Defendant C in addition, Defendant C lends KRW 40 million to Defendant C, then Defendant C will additionally lend KRW 100 million to the Plaintiff while paying the said KRW 100 million to the Plaintiff.”

Accordingly, on October 25, 201, the Plaintiff trusted the Defendants, and transferred KRW 40 million to Defendant C’s bank account on October 25, 201, and the Plaintiff did not deposit KRW 50 million to Defendant C’s bank account. Accordingly, upon Defendant C’s request to transfer additional KRW 10 million, the Plaintiff transferred additional KRW 10 million to Defendant C on that date.

C. Thereafter, on October 28, 201, the Plaintiff confirmed that Defendant C lent KRW 110 million to Defendant C, and Defendant C did not know that it could have complied with the Plaintiff’s promise until October 30, 201.

However, on October 30, 201, the Defendants did not think that the Plaintiff would pay the said money to the Plaintiff with no contact with the Plaintiff.

Ultimately, the Defendants conspired to avoid the Plaintiff’s repayment of KRW 60 million prior to Defendant B’s borrowing of KRW 60 million and to acquire money additionally from the Plaintiff, and then, the Defendants received KRW 50 million from the Plaintiff to the Defendant C’s account and acquired the above sum of KRW 110 million.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 10 million and damages for delay.

2. Claim against the defendant B

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