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The Defendants jointly set forth in the Plaintiff KRW 885,000,000; and
(a) Of them, KRW 30,00,100 among them shall be from August 22, 2016 to August 2018.
Reasons
1. The plaintiff is primarily responsible for the determination of the facts of recognition and the claim for damages, which is based on the tort (Fraud), the claim for the return of unjust enrichment or the claim for damages based on the tort (Embezzlement).
However, as long as most of the primary claims, excluding part of the claim for delay damages, the preliminary claims should not be judged separately.
Comprehensively taking account of the overall purport of evidence Nos. 2-1, 10, and 11 evidence, the Defendants, even if receiving money from the Plaintiff on or around August 2016, provided that the Defendants, without the intent and ability to force the Plaintiff to buy land or to refrain from building, “the kills as the body to cut down the land located in the Chungcheongnam-gun budget group and to stop the building,” and deceiving the Plaintiff. The Plaintiff believed the horses of the Defendants, and believed the Defendants to believe that the Defendants were the horses, KRW 130 million on September 2, 2016, KRW 1750 million on September 27, 2016, KRW 80 billion on September 19, 2016, KRW 500,000,000 on the aggregate, were paid to the Defendants.
The Defendants, as seen above, have inflicted damages on the Plaintiff by deceiving the Plaintiff to commit a joint illegal act by deceiving the Plaintiff, thereby compensating the Plaintiff for such damages.
Therefore, with respect to damages sustained by the Plaintiff due to the said joint tort, the Defendants are jointly obligated to pay damages for delay calculated at a rate of 5% per annum prescribed by the Civil Act from August 22, 2016 to November 21, 2018, which is the delivery date of a copy of the complaint of this case from August 22, 2016 to November 21, 2018, and to pay damages for delay calculated at a rate of 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, with respect to KRW 49,99,90,00 from August 22, 2016, with respect to KRW 130,000,000,000,000 as a result of the said joint tort, as to KRW 17,50,000,000,000 as to the said amount of tort.