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1. Defendant C’s KRW 121,347,778 as well as 5% per annum from July 23, 2016 to May 12, 2017, respectively, to the Plaintiff.
Reasons
1. The grounds for the instant claim and the entries in the supplementary brief are as shown in the annexed sheet.
2. The claim against the defendant B was examined, and the above defendant knew that there were legal problems or defects related to the effect of the purchase price already paid at the time of resale of the sale right of this case.
Inasmuch as there is no evidence to prove that the above Defendant was responsible for supervising the Defendant C, the Plaintiff’s assertion seeking liability for damages on the ground of tort due to the breach of duty to notify the above defects, etc. on a different premise is without any further need to be seen. Even if the above Defendant’s liability for damages is recognized, the scope of liability is limited to the amount additionally paid due to the failure to be recognized by the selling company, etc., which is presumed to have been paid at the time of the resale of the sale right of this case. However, according to the ruling of related cases, such as evidence Nos. 6, 8, 11, and 12, etc., the amount is 20,871,000 won, and a certain part of the amount is reduced by the ruling in lieu of the
3. Claim against Defendant C
A. The above defendant is deemed to have led to confession of the facts constituting the cause of the claim of this case under Article 150(3) of the Civil Procedure Act.
B. According to the above facts, the above defendant suffered losses to the plaintiff, who incurred an additional total of KRW 121,347,778, such as the sale price, due to a tort that did not pay the sale price to the selling company, while conducting the business of receiving the sale price of the apartment subject to resale of this case. Thus, the above defendant is liable to compensate the plaintiff for the above damages.
C. Therefore, the above Defendant’s interest at the rate of KRW 121,347,778 and the rate of KRW 15% per annum as stipulated in the Civil Act from July 23, 2016 to May 12, 2017, which is the day following the delivery of a copy of the complaint of this case, as sought by the Plaintiff.