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1. Defendant B’s KRW 228,375,00 for the Plaintiff and the following: 20% per annum from February 8, 2013 to September 30, 2015.
Reasons
1. Basic facts
A. The plaintiff is the leading of the successful bidder, the leading of the successful bidder who was organized by the plaintiff, the spouse of the defendant Eul, and the father of the defendant Eul.
B. On July 30, 201, the Plaintiff organized the successful bid system (hereinafter “instant successful bid system”) operated by the fraternity members who participated in the bid and receive the highest interest from the successful bid price (hereinafter “the bid price”), and Defendant B subscribed to the instant successful bid system and paid USD 10,000,00.
C. On August 30, 201, the Plaintiff paid USD 2,70,000 ($ 320,000 - USD 50,000) to Defendant B, which was 50,00 interest, No. 2.
From September 30, 201 to June 30, 2012, Defendant B paid USD 100,000 per month to the Plaintiff as a deposit amount, and thereafter, Defendant B did not pay monthly payment.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 38-1 and 2, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion 1) As to the claim for damages based on a tort, Defendant B, who received a successful bid from the successful bidder in this case, had no ability or intent to pay the fraternity after the receipt of the fraternity, by deceiving the Plaintiff and taking the fraternity into account the situation where Defendant B’s mother did not have the ability or intent to pay the fraternity, and acquired the amount equivalent to the fraternity’s deposit amount by deducting it from the bank account. As a result, the Plaintiff sustained damages equivalent to KRW 228,375,00 ($ 210,000,000,000 as of November 10, 2012, converted it into the exchange rate of KRW 1087,50,000,000, which is the unpaid deposit amount into an exchange rate of November 10, 2012). In addition, the Plaintiff suffered mental distress, such as entering the economic credit of Defendant B due to the above tort. Accordingly, Defendant B suffered from the Plaintiff.