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1. Defendant B: (a) with respect to KRW 198,00,000 and KRW 180,000 among the Plaintiff, Defendant B shall be KRW 180,000 from August 27, 2015, and KRW 18,00,000.
Reasons
1. Claim against the defendant B
(a) The reasons for the claim are as shown in the attached Form;
[Reasons for Recognition] Confession (Article 150 (3) of the Civil Procedure Act)
B. As a tortfeasor, Defendant B is obligated to pay to the Plaintiff damages KRW 198,00,000 and KRW 180,000 among them, as a result of tort, 5% per annum as stipulated in the Civil Act from October 7, 2015 to February 2, 2017, which is the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
2. Claim against Defendant C
A. 1) Defendant C, the primary cause of the Plaintiff’s claim, knew that Defendant C, who was aware of the deception of Defendant C as the intention of Defendant C and acquired money repeatedly. Although Defendant C had introduced Defendant C as the dentist of the University, Defendant C did not have any fact to deem that it was not once more than once. When the Plaintiff transferred KRW 100 million, Defendant C, jointly with Defendant B, by sending the auditor’s word or sending the word of delayed maturity, thereby deceiving the Plaintiff. Accordingly, Defendant C, in collaboration with Defendant B, has a duty to jointly pay damages of KRW 198,00,000 for tort and damages for delay thereof. 2) Defendant C, the primary cause of the claim, who received KRW 198,00,000 from Defendant C’s account under the name of the Plaintiff, without any legal cause between the Plaintiff and the Plaintiff.
Therefore, Defendant C is obligated to refund to the Plaintiff unjust enrichment of KRW 198,000,000 and delay damages therefor.
B. According to the reasoning of the judgment on the assertion of tort No. 3-1 to 3, Gap evidence No. 4, Eul evidence No. 3-1 to 3, and the response of this court's order to submit financial transaction information to the president of the National Bank of Korea, defendant C is a dentist of the E-university Hospital.