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1. Defendant C’s KRW 100,000,000 and interest rate of KRW 20% per annum from December 20, 2014 to the date of full payment.
Reasons
1. Summary of the plaintiff's assertion
A. The Defendants conspired to enter into an apartment community operation agreement, and Defendant B, even if she borrowed money from the Plaintiff, had no intent or ability to complete the payment, thereby acquiring KRW 100,000 from the Plaintiff to the Defendant B’s account.
Therefore, the Defendants are obliged to pay the Plaintiff KRW 100,000,000 as damages for joint tort and damages for delay.
B. The Plaintiff agreed to borrow from Defendant B, and transferred KRW 100,000,00 to Defendant B’s account, not Defendant C, and if Defendant B is not jointly liable for tort, Defendant B is obligated to pay the Plaintiff the amount of KRW 100,000,000 and the amount of delay damages for the said amount pursuant to the loan agreement.
2. Determination:
A. The facts of recognition 1) Defendant C: (a) the Plaintiff and Defendant B, the representative director of which was the Plaintiff and the Defendant B, concluded the entire operation contract with the council of occupants’ representatives of the Maddong E Apartment apartment; and (b) the Plaintiff transferred KRW 9,000,000 on August 13, 2013 to the Defendant B’s account; and (c) Defendant B transferred KRW 9,00,000 to the Defendant C’s account on the same day.
3) The Plaintiff transferred KRW 91,00,000 to Defendant B’s account on August 21, 2013, and Defendant B transferred KRW 91,00,000 to Defendant C’s account on the same day. 4) The Plaintiff and Defendant B became aware of the fact that D Co., Ltd. did not enter into the entire operation agreement with the Council of Representatives’ Council of Residents’ Representatives on the Madong E Apartment apartment on January 2014.
5) Around July 2014, the Plaintiff filed a criminal complaint against the Defendants against the money set forth in paragraphs (1) and (2) of this Article, and on January 24, 2014, Defendant B filed a criminal complaint against Defendant C as a crime of fraud. [Grounds for recognition] In the absence of dispute (limited to between the Plaintiff and the Defendant B), Party A’s 1, 2, 3, and 5 evidence (including paper numbers, and Party B’s 1 and 2 evidence).