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1. The Defendants jointly and severally liable to the Plaintiff KRW 63,00,000 and Defendant B with respect thereto from November 29, 2019, and Defendant C.
Reasons
1. Claim against the defendant B
A. The Defendant B, who recommended the Plaintiff to make an investment in the land located in the north Port and in the Yangpon area, etc. of the D District, did not refund the amount equivalent to the principal with the payment of the investment from the Plaintiff, even though he received the investment from the Plaintiff.
Therefore, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from November 29, 2019 to the date of full payment, which is clear that the copy of the complaint of this case was served on Defendant B, to the Plaintiff.
(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Defendant C’s claim against Defendant C is as described above 1. A.
Since there is no dispute between the parties to the agreement to refund KRW 63 million to the Plaintiff regarding the investment deposit stated in the claim, Defendant C is jointly and severally liable with Defendant C to pay the above KRW 63 million and delay damages calculated at the rate of 12% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 24, 2020 to the date of full payment, on the record that the copy of the complaint of this case was served to Defendant C.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is with merit.