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1. The Defendants jointly do not pay to the Plaintiff KRW 180,000,000,000 to the day of full payment from November 20, 2015.
Reasons
1. Facts of recognition;
A. The Defendants did not have any intent or ability to lease one story E located in Gangseo-gu Seoul Metropolitan Government to the Plaintiff.
On April 30, 2014, Defendant B presented the lease contract written by Defendant C to the Plaintiff, and concluded a lease contract with C, which is a management body, on the first floor of the E commercial building. There is no security deposit, so that only the rent of KRW 30 million should be paid every month.
The Defendants conspired to deception the Plaintiff, and thus, were transferred from the Plaintiff as rent, KRW 15 million on April 29, 2014, and KRW 15 million on May 15, 2014.
B. The Defendants received the said money from the Plaintiff, but made a false statement that the Plaintiff was unable to work in the first floor of the Pullet, and that Defendant B, around June 17, 2014, stated that “The Plaintiff, a corporation operating a parking lot in the Pullet, has the claims to be paid to the building owner by the said corporation.” 150 million won, the Defendants made a false statement to the effect that “The acquisition of the said corporation by transfer may operate the Mul.”
However, even if the Defendants received money from the Plaintiff, they did not have the intent or ability to take over the corporation or to operate the marina.
The Defendants conspired to induce the Plaintiff, and thereby deceiving the Plaintiff, received KRW 100 million on June 17, 2014, and KRW 50 million on June 18, 2014 from the Plaintiff.
C. On May 27, 2016, the Defendants were sentenced to two years of imprisonment for each of the above criminal facts in Seoul Southern District Court Decision 206No40, and the judgment became final and conclusive.
[Reasons for Recognition] Defendant B: The written evidence No. 1 to No. 6-5 of the evidence No. 6-5, the purport of the whole pleadings
2. Examining the Plaintiff’s assertion in light of the Plaintiff’s claim against the Defendants for the total amount of KRW 180 million and damages for delay, as a tort damages, barring any special circumstance, the Defendants are jointly liable to compensate the Plaintiff for damages incurred by the tort, which is KRW 180,000,000.