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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,00,000 and 5% per annum from February 7, 2015 to October 6, 2018.
Reasons
1. Basic facts
A. The Defendants had no intent or ability to allow the Plaintiff to sell at a discount, since D apartment 1408, in Yan-gu, Dong-gu, Chungcheongnam-gu, Seoul, where the construction was implemented, was an apartment house entrusted to the Korea Asset Trust, and thus, they did not have the intent or ability to allow the Plaintiff to sell at a discount. Even if the Defendants received the sales price from the Plaintiff, they did not pay all the money as the sales price, and the Defendants thought to use it at a discretion without paying the money as the reward, etc., and they did not deceiving the Plaintiff even though they did not have the ability to receive the claim for the purchase price of the goods to E
B. Accordingly, Defendant C, through Defendant B on December 2014, 2014, concluded that “I would allow the Plaintiff to purchase D apartment units 1408 which are newly constructed in Songpa-gu Seoul F market at a price lower than the market price. Although the sale price is KRW 93 million at a discount, Defendant C would be entitled to sell at a price of KRW 75 million at a discounted price, Defendant C would receive the sale price of KRW 45 million at a price of KRW 30 million at the face of 45 million.”
C. The Defendants conspired to induce the Plaintiff, and that deceiving the Plaintiff, received KRW 30 million from the Plaintiff as the sale price on or around January 8, 2015, and KRW 15 million on or around February 6, 2015.
The plaintiff filed a complaint against the defendants on the charge of fraud, and as a result of the investigation, the defendants were prosecuted for summary facts constituting the above crime.
Upon filing a request for formal trial by the Defendants, Defendant B was sentenced to a fine of KRW 5,00,000 on March 29, 2018 (Seoul District Court Decision 2018MaMa43), and Defendant C was sentenced to a fine of KRW 5,00,000 on July 3, 2018 (The Daejeon District Court Decision 2018MaMa368) and became final and conclusive as they are, respectively.
[Ground of recognition] Defendant C: The fact that there is no dispute over Defendant B by public notice under Article 208(3)3 of the Civil Procedure Act, and evidence Nos. 1-1, 2, 2, 3 and 4, respectively.