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1. Defendant C’s KRW 90,000,000 as well as 5% per annum from December 1, 2012 to April 14, 2015 to the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. Defendant B is the owner of the instant vehicle Eing consortium (hereinafter “instant vehicle”) and Defendant C and D introduced the instant vehicle to the Plaintiff.
B. Defendant B sold the instant vehicle to F on November 2, 2012, and received KRW 35,000,000 out of the purchase price of KRW 75,000,000.
C. The Defendants conspired with the Plaintiff to conceal the fact that the instant vehicle had already been sold to F and had the Plaintiff purchase the instant vehicle.
Defendant B entered into a sales contract with the Plaintiff on November 30, 2012 by setting the sales price of the instant automobile as KRW 90,000,000, and received KRW 90,000 from the Plaintiff on the same day.
E. The Plaintiff suffered damages of KRW 90,000,000 for the purchase price due to the Defendants’ tort of fraud or breach of trust, and the Defendants are jointly and severally liable to pay the Plaintiff KRW 90,000,000 and the damages for delay.
2. There is no dispute between the Plaintiff and the Defendant C as to the judgment on the part of the claim against Defendant C.
Therefore, Defendant C is obligated to pay to the Plaintiff 90,000,000 won and the damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from December 1, 2012 to April 14, 2015, which is the day following the payment date of the above purchase price, to the day of service of the copy of the complaint of this case, 20% per annum as stipulated in the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to September 30, 2015, and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete
3. Determination as to the claim against Defendant B and D
A. The following facts and circumstances may be acknowledged in full view of the purport of the entire pleadings as stated in Gap evidence 1, 6, 8, Eul evidence 1 to 6, 9 through 11, Eul evidence 7-1 to 10, and Eul evidence 8-1 to 3:
(1) As to the sale and purchase of the instant vehicle.