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1. Defendant B’s KRW 51,984,00 as well as 5% per annum from November 6, 2012 to November 13, 2015, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. Defendant B was prosecuted for fraud at the Daegu District Court on September 4, 2014, and “Defendant B shall be the Plaintiff’s house of 110 Dong Dong-gu, Daegu District Court around October 2012, and the facts are: (a) Defendant B did not have completed the development of Defendant B’s 3Dless video technologies; and (b) it was merely the technology converting Defendant B into 3D with the method owned by other companies, the development of the 3Dless video technologies was completed for the first time in the world; (c) the use of this technology would have been 10 billion won or more and will open the office in December; (d) Defendant B would have invested KRW 100 million in the Plaintiff’s house of 702 Dong-gu, Daegu District Court on September 4, 2012; and (e) Defendant B would have been transferred to Defendant B’s account under the name of 250 million won by being sentenced to a fine of 106 million won on December 16, 2012.”
B. Defendant B established and operated the F Co., Ltd. (hereinafter “F”) with the above investment money on November 7, 2012, and registered a female under the name of Defendant C as the representative director. On October 9, 2012, Defendant C leased the Daegu-gu H and fourth floor from G to its office.
C. The Plaintiff was appointed as the representative director of F on January 10, 2013, and was returned from G KRW 3 million as the deposit for the lease of the said office.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, 2, Gap evidence 7, Eul evidence 1 and 2, the purport of the whole pleadings
2. The Plaintiff’s assertion ① The Defendants conspired to acquire KRW 100 million from the Plaintiff, and the Defendants are jointly and severally liable to pay to the Plaintiff KRW 97 million ( KRW 100 million-paid deposit) and damages for delay.
② The Defendants, when investing in or lending KRW 100 million to the Plaintiff, received investment attraction of KRW 10 billion from the State and one year thereafter.