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1. Defendant B’s KRW 2,300,000 as well as 5% per annum from April 6, 2017 to January 30, 2019.
Reasons
1. Basic facts
A. On May 20, 2014, the Plaintiff purchased rails from a person who was named in his/her name, and upon his/her request, deposited KRW 17,080,000 in the E-bank account in Defendant B’s name from May 20, 2014 to May 21, 2014; and KRW 5,400,000 in total ( KRW 2,40,000 in the name of the Plaintiff as the deposit holder; KRW 3,000,00 in the remainder of KRW 3,00,00 in the name of each deposit holder; and KRW 1,00,000,000 in the purchase of goods. However, the Plaintiff did not receive any goods purchased.
B. Of the full amount of the money deposited by the Plaintiff in the Defendant C’s name and the money deposited in the Defendant B’s name, the remaining money excluding KRW 2,300,000 deposited on May 21, 2014 was immediately withdrawn. As of the date of the closing of the instant argument, there was no passbook in the Defendant C’s name as of the date of the closing of the instant argument, and there remains a balance of KRW 7,639,71 in the passbook in the Defendant B’s name.
C. Meanwhile, around April to May 5, 2014, Defendant C was sentenced to a fine under the Daegu District Court Decision 2015NoMa592 on January 14, 2016 on the ground that he/she violated the Electronic Financial Transactions Act by transferring his/her passbook, cash card, and password to a middle school-friendly J on the grounds that he/she violated the said Act. Defendant C was issued a summary order under the Daegu District Court Decision 2014DaMa5492 on October 8, 2014 on the ground that Defendant B also violated the Electronic Financial Transactions Act by putting his/her account, check, password, etc. to L through a branch-person K around May 2014.
[Ground of recognition] The absence of dispute, Gap evidence 1 to 5-3, Eul evidence 1 to 3, and Eul evidence 1 to 3, the response of this court's order to submit financial transaction information to E Bank, the result of the response of this court's request to the Daegu District Court for the delivery of documents, the whole purport of the arguments
2. Determination on the cause of the claim
A. Judgment as to the primary assertion (1) The Defendants’ assertion in collusion with each other make a false representation as if they were to sell the Plaintiff.