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1. The Defendant’s KRW 8,900,000 as well as 5% per annum from July 25, 2014 to July 17, 2015 to the Plaintiff.
Reasons
1. As to the claim of KRW 10,000,00 on the pretext of the job placement fee
A. The Plaintiff’s assertion (i.e., the Plaintiff’s assertion and C demanded that the Plaintiff pay KRW 10,000,000 to the Defendant on May 9, 2011, as the introduction fee, that “C may have a influence on D Schools and employ the Plaintiff’s children as D Schools staff.”
However, the defendant and C did not have the intention or ability to get the plaintiff's children to work in the D School.
Therefore, the acts of the defendant and C constitute fraud.
In addition, the acts of the defendant and C constitute the act of receiving money and valuables in return for the job placement, which constitutes the crime of violating the Labor Standards Act or of receiving good offices.
Therefore, since the defendant conspired with C or aided and aided C to inflict damages equivalent to the above introduction fee, the defendant is liable to compensate for the above damages suffered by the plaintiff as a joint tortfeasor.
See the defendant's argument that "the plaintiff was able to find a person on a D school" was fluent at the end of C, and remitted the above money to C to the account under the name of the defendant to pay the above KRW 10,00,000, and the defendant delivered the above money to C upon the plaintiff's request that the above money was delivered to C. Thus, the defendant is not liable to compensate for the above damage.
B. (1) According to each of Gap evidence Nos. 4, 5, and 4, the plaintiff transferred KRW 10,000,000 to the defendant's account under the name of the defendant on May 9, 2011, and the defendant transferred the above KRW 10,00,000 out of KRW 10,000 to the plaintiff on the same day on the ground that the defendant sent the money to the plaintiff on the same day.
According to the above facts of recognition, the amount that the Plaintiff paid to the Defendant on May 9, 2011 is ultimately KRW 8,900,000.
According to the statement in Gap evidence No. 5, the plaintiff himself/herself shall pay 1,000,000 won to C separately before paying the above amount.