1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Facts of recognition

B On March 15, 2014, the Defendant entered into a lease agreement (B 1) with the terms of the lease deposit of KRW 140 million, and the term of lease from March 22, 2014 to March 21, 2016, which set the lease deposit of KRW 308,000,000,000,000, and submitted the said lease agreement to the Plaintiff to obtain the fixed date on March 18, 2014, after obtaining the said lease agreement from the Defendant.

On March 21, 2014, the Plaintiff lent loans of KRW 70 million to B, and agreed to the interest rate of KRW 3.3% per annum (change rate) and KRW 8.5% per annum, and remitted the said loans to the Defendant’s account as the deposit for lease deposit in B.

Unlike the language and text of the contract at the time of the conclusion of the above lease contract, the Defendant did not receive the down payment of KRW 14 million, but prepared the above lease contract at the request of B, which is necessary to obtain the loan.

On March 21, 2014, the day when the above loan was executed, the Defendant decided to terminate the lease contract at the request of B, and the Plaintiff did not notify the Plaintiff of the loan that was remitted to the full-time loan, and received both KRW 2 million from B and “the receipt for the termination and return of the full-time lease contract” (B).

The obligation of the above loans has been lost due to overdue interest, etc., and as of March 13, 2016, the principal amount of KRW 70,000,000 and interest and delay damages amount of KRW 5,495,480 remain.

【Ground of recognition” without any dispute, Gap 1, 2, and Eul 1 through 6, and the plaintiff's assertion of the purport of the whole pleadings is involved in Eul's tort by preparing and delivering a false lease contract to Eul. As a joint tortfeasor, the defendant is jointly and severally liable to compensate for seven million won out of the damages suffered by the plaintiff and damages for delay.

Judgment

In the case of joint tort under Article 760 of the Civil Code which causes damage to another person by several legal principles, there is a need for joint perception as well as a conspiracy among actors.