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1. Defendant C’s KRW 138,00,000 and the Plaintiff’s annual rate of KRW 5% from July 13, 2013 to June 23, 2016.
Reasons
1. Basic facts
A. Defendant B is the business title of D with waterproof Construction, etc. as the business title, and is the friendship of Defendant C.
The term “Defendant B (D company) 60,000,000 on February 22, 2013, 2013, the date of transfer No. 11335, Apr. 26, 2013, Defendant C4, April 26, 2013,” 5,000,000 “5,00,000 on February 3, 2013, 200 on the account holder of the original payee’s account”
B. In relation to the construction of a new apartment house in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, the Plaintiff uses the name or account of the Plaintiff’s grandparent, etc. for investment in the following year from February 8, 2013:
7. By December, 12, a total of KRW 138 million was remitted to the account of Defendant B or Defendant C.
[Ground of recognition] Evidence Nos. 1 and 3, Evidence Nos. 4-1 to 9, and the purport of the whole pleadings
2. Determination as to the Plaintiff’s claim against Defendant C
A. According to the overall purport of Gap's evidence Nos. 1, 3, 5, 6, 8, and 2-1 through 6, Gap's evidence Nos. 4-1 through 9, Gap evidence Nos. 7-2 and 3, even if the defendant C received an investment from the plaintiff in relation to the construction of the above apartment house, he/she shall pay the investment money and profits to the plaintiff, or sell the two households of the above apartment house to the plaintiff without the intention or ability to sell the two households of the above apartment house. Upon investing KRW 200 million to the plaintiff, he/she shall pay the principal and profits of the investment, or sell the two households of the above apartment house from February 8, 2013 to the plaintiff.
7. It may be recognized that a sum of KRW 138 million has been remitted until December 198.
B. According to the above facts, unless there are special circumstances, Defendant C committed an illegal act of acquiring the above KRW 138 million from the Plaintiff as investment money in connection with the construction of the above apartment house, and thereby, caused damage equivalent to the above amount to the Plaintiff.
Therefore, Defendant C is liable to compensate the Plaintiff for damages incurred by the above illegal act, which is KRW 138 million, and that is, after the date of the illegal act in this case.