1. Revocation of the first instance judgment.

2. The Defendant jointly with C, together with the Plaintiff KRW 70,000,000, and as to the Plaintiff, August 30, 2016.

1. Basic facts

A. The defendant runs a construction business under the trade name of D, and C is the defendant's punishment.

B. On July 19, 2013, the Plaintiff transferred KRW 100 million to the account under the name of the Defendant in relation to the construction of a new E-Ground apartment house in Gyeonggi-do (hereinafter “instant construction”) (hereinafter “instant construction”).

[Based on Recognition] A’s 1’s 6-3 evidence, Gap’s 6-4, Gap’s 8-5, Gap’s 10-2, Gap’s 11-2, Eul’s 12-2, Eul’s 1’s 1’s testimony and the purport of the whole pleadings

2. The plaintiff's assertion

A. Mainly, even if the Defendant and C received money from the Plaintiff in connection with the instant construction project, they did not have the intent to pay the Plaintiff the investment and earnings or sell the said tenement house.

Nevertheless, the defendant and C jointly deceiving the plaintiff and acquired 100 million won as investment money. Thus, the defendant and C are jointly obligated to pay 100 million won and its delay damages to the plaintiff as compensation for damages.

B. Preliminaryly, the Defendant, together with C, returned to the Plaintiff KRW 150 million including the interest per KRW 100 million, and provided one household with a tenement house if it is impossible to do so, prepared an investment contract and a certificate of borrowing.

Therefore, the defendant is jointly and severally obligated with C to pay KRW 100 million to the plaintiff according to the above agreement.

3. Determination

A. In order to establish a single joint tort as to the primary claim, it does not require a common perception of intent or joint act among the actors. However, it should be deemed that each actor committed a joint act based on intention or negligence from an objective perspective, and thus, it should be deemed that there was a common cause for infringement of rights and damages to the victim. Therefore, in order to recognize liability for damages on the ground of a joint tort, each actor’s intent or joint tort should