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1. Defendant R shall pay Plaintiff A KRW 172,979,600, KRW 34,500,000 to Plaintiff B, KRW 12,00,000 to Plaintiff C, and KRW 12,00,00 to Plaintiff D.
Reasons
1. Basic facts
A. Defendant P is the father of Defendant R, and Defendant Q is the mother of Defendant R.
B. Around June 9, 2014, Defendant R made a false statement that there is a good that can travel Europe free of charge without any intention or ability to allow the Plaintiff to travel overseas, and it received KRW 4,00,000 from the Plaintiff as the down payment around June 9, 2014, as well as by deceiving the Plaintiffs by the same method, from July 7, 2014 to October 8, 2014, Defendant R acquired the total sum of KRW 286,519,600 from the Plaintiffs and their neighbors as shown in the attached Table.
(hereinafter referred to as “instant tort”). 【The ground for recognition” 【The Plaintiff and Defendant R: The allegation of confession (Article 150(3) and (1) of the Civil Procedure Act) between the Plaintiff and the remaining Defendants: The fact that there is no dispute, Gap’s evidence Nos. 1 through 17, Eul’s evidence Nos. 1 through 3 (including the number of pages), the purport of the entire pleadings.
2. According to the above facts of recognition as to the claim against Defendant R, Defendant R is obligated to pay the Plaintiffs a penalty and damages for delay from March 3, 2015, which is the day following the delivery date of the copy of the complaint of this case, as claimed by the Plaintiffs, as the penalty and damages for delay arising from the tort of this case.
However, the Plaintiffs also seek 20% interest per annum for the period from October 1, 2015 to the date of full payment of each of the money indicated in the order of Defendant R&D. However, for the said period, the Plaintiffs’ obligation to pay damages for delay calculated at the rate of 15% per annum pursuant to the “Rules on Special Cases Concerning Expedition, etc. of Legal Proceedings” and “Rules on Legal Rate” (amended by Presidential Decree No. 26553, Sept. 25, 2015; effective October 1, 2015). Therefore, the obligation to pay damages for delay calculated at the rate of 15% per annum.