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1. Defendants B and D shall jointly and severally serve as KRW 95,00,000 on the Plaintiff and as a result, from June 1, 201 to July 17, 2014.
Reasons
1. Facts of recognition;
A. Defendant B and C are married couple.
Around May 201, Defendant B started operating merchandise coupon sales business in the name of “E”. However, Defendant B entered into a contract with Defendant D to sell merchandise coupons worth KRW 107,000,000, which is the value increased by 7% of the above amount if Defendant D paid KRW 100,000 as the price for merchandise coupons between Defendant D and D.
B. On May 30, 201, the Plaintiff accepted the transfer of KRW 100,000,000 from Defendant D’s National Bank Account (Account Number F, hereinafter “instant account”) to Defendant D’s account, with the intent to receive gift certificates equivalent to the above amount from E and deliver them to the Plaintiff. On May 30, 201, the Plaintiff transferred KRW 100,000 to the instant account.
C. On the same day, the Plaintiff transferred KRW 100,000,000 to the instant account, the Plaintiff deposited KRW 5,000,000 in the name of Defendant C from the instant account on the same day. Defendant B deposited KRW 5,000,000 on the same day from the instant account, and Defendant B deposited KRW 5,000,000 on May 31, 2011, respectively.
In addition, over May 31, 201 and June 1, 2011, total of KRW 26,000,000 was remitted from the instant account to another account under the name of Defendant C. Defendant B remitted total of KRW 42,00,000 from the instant account on June 2, 2011 to its own account.
Since June 10, 2011 to June 16, 2011, the instant account was continuously withdrawn from June 16, 201 (as of June 16, 2011, Defendant B withdrawn KRW 5,600,000 from the instant account). As of June 16, 2011, the balance was limited to KRW 906.
After remitting KRW 100,00,000, the Plaintiff applied for the suspension of payment to the account of this case on the ground of scam, as the contact with Defendant D was saved and the gift certificates were not received actually.
Accordingly, Defendant B, on June 201, ordered the Plaintiff to suspend payment to the account of this case, on the first day of June 2011, the Plaintiff.