beta
Text
1. Defendant B’s KRW 200,000,000 as well as 5% per annum from November 20, 2008 to April 1, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. A. Around July 2008, the Plaintiff: (a) from Defendant B, the Plaintiff heard the phrase “as the Plaintiff may purchase two parcels of land in Chungcheongnam-gun, Chungcheongnam-gun, and obtain high profits from the sale immediately, and as a company to purchase at a high price the above land is secured, if it invests KRW 200,000,000 to be used for the purchase and development of the above land, it would give KRW 70,000,000 from the purchase of the above land in the joint name within two months after the date of the joint purchase; and (b) around October 17, 2008, remitted KRW 70,000 to the account bank in the Defendant B’s name; and (c) around November 19, 2008, the Plaintiff issued KRW 130,000,000 to the Defendant B with a cashier’s check.
However, in fact, Defendant B was unable to timely pay the intermediate payment and the balance of the above land without receiving any fixed income at the time, and there was no specific agreement or contract other than making an oral consultation with NAT Holdings, etc. regarding the sale and purchase of the above land, and no other agreement or contract was confirmed by the Plaintiff, even if the above land was invested in KRW 200,000,000 by the Plaintiff, it was normally purchased the above land within two months following the normal purchase, and there was no intention or ability to pay KRW 70,00,000 to the Plaintiff.
B. On February 19, 2014, Defendant B: (a) was sentenced to one year of imprisonment for a criminal act committed by deceptioning the Plaintiff and received a total of KRW 200,000,000 from the Plaintiff; and (b) the judgment became final and conclusive on November 14, 2014.
C. Defendant C is the children of Defendant B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. Defendant B, by deceiving the Plaintiff, committed an illegal act that received a total of KRW 200,00,000 from the Plaintiff, and Defendant C, by keeping the money acquired by the Defendant B from the Plaintiff, aiding and abetting the Defendant B or as a custodian of money.