1. Defendant C’s KRW 38,500,000 and annual 5% from April 23, 2015 to August 24, 2016, respectively, to the Plaintiff.

1. The Plaintiff’s assertion that the Defendants did not have the intent or ability to offer the Plaintiff with the job placement cost, stating that “to seek for the job of the freight truck. It would give an operational and safe freight vehicle to be raised above KRW 6 million on July 2, 2014, Defendant B paid KRW 2,000,000 as the down payment for the purchase of the freight vehicle on July 8, 2014, Defendant B paid KRW 17,265,000 as the purchase cost for the freight vehicle on July 8, 2014, Defendant C paid KRW 5,00,000 as the job placement cost on July 8, 2014, Defendant B paid KRW 47,700,000 as the purchase cost for the freight vehicle on July 8, 2014, and Defendant B paid KRW 35,000 as the purchase cost for the freight vehicle on July 8, 2014.

However, the freight 3,500,000 won and 6,000,000 won for the replacement of the freight plate was added to the defective freight truck, which was introduced by the Defendants, and the job was not introduced.

Accordingly, the Plaintiff returned the freight truck to the Defendants and demanded the return of the freight truck sales amount, etc., the Defendants did not refund the remainder of KRW 38,500,000,000 after returning the cash amounting to KRW 43,000.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff damages amounting to 38,500,000 won and damages for delay.

2. Determination

A. Judgment on deemed confessions as to Defendant C (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

B. There is no dispute over the fact that Defendant B received money under the name of the Plaintiff as alleged by the Plaintiff.

However, with respect to the receipt by Defendant B of the said money by deceiving the Plaintiff, it is not sufficient to recognize it only by the descriptions of the evidence of Nos. 1 and 8, and there is no other evidence to acknowledge it.

Rather, in full view of the purport of evidence No. 9’s argument, the Plaintiff filed a complaint against Defendant B on the charge of fraud. However, the Daejeon District Prosecutors’ Office on June 20, 2017 against Defendant B, “Defendant B received money from the Plaintiff.”