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1. The Defendant’s KRW 175,034,400 as well as 5% per annum from June 19, 2013 to February 6, 2015 to the Plaintiff.
Reasons
1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings as a result of each order to submit financial information to a national bank, a national bank, the Nonghyup Bank, and a new bank, a stock company, and a new bank, as stated in Gap evidence 1 to 12 (including all paper numbers; hereinafter the same shall apply):
On December 2011, the Plaintiff became aware of C, which was the Defendant’s wife through the land manager, and the Plaintiff started transactions with C while deciding to purchase a bank from C at a price lower than 30 to 40% of the market price.
B. From February 2, 2012, C sent text messages to the Plaintiff and the neighboring people, including the Plaintiff, with the following contents: “C may purchase the net amount of KRW 1.80,000,000”; “The gift certificates for department stores may purchase KRW 10,000; KRW 25-30,000 for bags; and KRW 40,00 for department stores such as household appliances.”
C. However, in fact C did not have the ability to sell the net money at a discounted price. Therefore, it was inevitable to send the net money purchased at the arm’s length price to the purchaser who sent the purchase price to himself/herself, and as such, it was inevitable to depend on the method of so-called “lacing” that compensates for the loss with the purchase fund received from another purchaser.
After all, C has no intention or ability to purchase and deliver it even if it receives the purchase price such as net money from the person who requested purchase, including the plaintiff.
Nevertheless, the Plaintiff believed the content of C’s text messages and paid C money as indicated below from July 2, 2012 to August 12, 2012, but did not receive any net money, etc. promised by C.
(2) On July 3, 2012, the term "cash 17,500,000 cash" means "C on July 17, 2012, 200 on July 16, 2012, with the intention of purchasing a net money of 30,090,000 on July 34, 2012 by means of acquiring the money.