beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,000,00 and the Defendants C with respect thereto on June 29, 2016, and Defendant B on November 1, 2016.
Reasons
The following facts are acknowledged according to the respective descriptions of evidence Nos. 1, 2, and 3 and the purport of the whole pleadings.
The Defendants, upon lending KRW 80 million to Defendant C on August 14, 2012, by deceiving that they would use only KRW 20 million and make repayment by adding interest KRW 2,200,000 to the same day, received KRW 80 million from the Plaintiff on the same day.
However, even if the Defendants borrowed the above money from the Plaintiff, they did not have the intent or ability to repay it to the Plaintiff.
The Defendants were indicted for fraud against the Plaintiff by Jeonju District Court 2014Ma325, and on June 10, 2014, the said court rendered a judgment that found Defendant B guilty of the Defendants’ above criminal facts and imposed Defendant C imprisonment for one year and six months.
Defendant B appealed as the Jeonju District Court 2014No631 and Supreme Court 2014Do15263, but all of the above appeals and appeals were dismissed, and the above judgment of the first instance became final and conclusive.
2. In light of the above facts of recognition, the Defendants are obligated to compensate the Plaintiff for damages of KRW 80,000,000 on the ground of tort, since they deceiving the Plaintiff and defrauded KRW 80,000 from the Plaintiff.
3. Therefore, the Defendants are obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 8, 2016 to the day of full payment, which is obvious that the Plaintiff is the day following the delivery of a copy of the instant complaint to the Defendants, Defendant C is the day following the delivery of a copy of the instant complaint to the Defendants, and Defendant B is obligated to pay damages for delay calculated from November 8, 2016 to the day of full payment.
4. The plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.