1. The Defendants jointly share KRW 22,360,00 with respect to the Plaintiff and KRW 5% per annum from October 15, 2016 to November 29, 2016.

The basic fact is that the plaintiff is engaged in trade of the secondhand construction equipment, and the defendant C is a person who has engaged in construction machinery sales business, etc. in the trade name of "D" registered in the name of the defendant B.

On November 9, 2015, the Plaintiff purchased F C’s C’s brokerage in KRW 55 million (hereinafter referred to as “the First C’s brokerage”). Around November 2015, the Plaintiff paid KRW 15 million in total, including the down payment of KRW 10 million on the day of the Daegu Bank Account (Account Number G) in the name of the Defendant C used by the Defendant C, and KRW 15 million on November 17, 2015.

On November 27, 2015, the Plaintiff purchased the I Mining Engines owned by H as a broker by Defendant C (hereinafter referred to as “the Second Mining Engines”) in KRW 56,500,000,000, and paid down payment to the said Daegu Bank Account on December 17, 2015.

The Plaintiff paid KRW 50,90,000,000 to the said Daegu Bank Account on December 10, 2015 (= KRW 25,90,000,000) by paying KRW 25,90,000 as the price for the first digging period (= KRW 15,000,000).

However, when the Plaintiff was unable to transfer the ownership of the 1 digging machine, the Plaintiff and the Defendant C agreed to cover the 1 digging machine price with the 2 digging machines price, but the Plaintiff did not have the ownership of the 2 digging machines.

[Based on the basis of recognition] A, Gap evidence Nos. 1 through 4, 7, Eul evidence No. 2 (including numbers) and the argument of the purport of the whole pleadings and the determination of tort liability as to tort liability, as alleged by the Plaintiff’s assertion that the Defendants, although there was no intention or ability to intermediate the sale of the 1 and 2 excavation machines or to transfer ownership, acquired ownership by deceiving the Plaintiff (=5.9 million won for the 1 excavation machines) as if the Defendants were to transfer ownership (=5.9 million won for the 2 excavation machines of KRW 55.9 million for the 1 excavation machines). Thus, they are liable as joint tort liability.

In addition, even if the defendant B did not participate in the fraud of the defendant C, the defendant.