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1. Defendant C shall pay to the Plaintiff KRW 183,00,000 and the interest rate of KRW 15% per annum from June 22, 2016 to the date of full payment.
Reasons
1. Claim against the defendant B
A. In light of the principle of pleading adopted by the Civil Procedure Act as the alternative principle of civil procedure, a court in charge of civil trial shall judge only the litigation materials submitted by the parties to a lawsuit, including the plaintiff, etc., as the basis of a trial. Therefore, the judgment shall be limited to the allegations made by the parties in writing, such as a written complaint, or in pleading.
B. In this case’s summary of the Plaintiff’s assertion, it is evident that the Defendants, as delineated below, conspired with each other or conspired in order, thereby deceiving the Plaintiff.
In other words, it asserts the "illegal act caused by public offering joint fraud".
D E and other details of the Plaintiff’s detailed assertion are as shown in the attached Form.
C. The Defendant of the criminal judgment against Defendant B (referred to as the “Defendant B” of this case) stated that “The Defendant may find the Defendant into D the seat of the President and the D personnel department that he had a high number of people who wish to go to D. The Defendant’s employment would not be difficult because it is the monthly salary of the principal and all of the days computerized. If you want to be employed to NNNN, employment would be 40 million won. If you want to be employed to D, employment would be 40 million won.”
However, the defendant did not have any person who knows in the personnel department of D and did not have any intention or ability to find employment for the victim's children in D.
On June 17, 201, the Defendant, by deceiving the victim as such, received KRW 40 million from the victim to the HF deposit account in the name of the Defendant on the pretext of employment mediation.
However, as a result of the judgment of this court, B was prosecuted on the charge of fraud against the plaintiff (this Court 2016 High Court Order 2187), only the following criminal facts are convicted.