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1. Defendant B shall pay 40,000,000 won to the Plaintiff and 20% per annum from July 18, 2013 to the day of full payment.
Reasons
1. Claim against the defendant B
A. The Defendant B, even though he did not have the intent or ability to carry out the TV home shopping joint business with the Plaintiff as the same business, by deceiving the Plaintiff and thereby deceiving the Plaintiff from the Plaintiff as its partner’s money. The Defendant B, who was not refunded out of the above deceptive money, sought the payment of damages due to the tort against the amount of KRW 40 million which was not refunded.
(b) Judgment on deemed confession based on recognition (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);
2. Claim against Defendant C
A. On October 26, 2012, the Plaintiff asserted that Defendant C conspired with Defendant B to enter into a partnership agreement on the said TV home shopping joint business with the Plaintiff and received KRW 50 million from the Plaintiff as its partner money on November 2, 2012, and that Defendant C did not receive any refund of the said money from the tort damages due to the tort, and that Defendant C did not receive any refund of KRW 40 million and the delay damages therefrom.
The fact that the Plaintiff delivered KRW 50 million to Defendant C on November 2, 2012 is no dispute between the above parties.
However, the evidence presented by the Plaintiff alone, which led to Defendant C’s deception of the Plaintiff’s assertion.
In addition, it is insufficient to recognize that the Plaintiff entered into a club business agreement with Defendant C on the said TV home shopping joint business and delivered the said KRW 50 million to its partners, and there is no other evidence to acknowledge it otherwise. Rather, in full view of the overall purport of the pleadings in the items of the evidence Nos. 2 and 3, the Plaintiff and Defendant C placed an order for production under certain conditions on October 26, 2012 to sell the Plaintiff’s “D” products through broadcasting, etc., his own trademark, and the Defendant C placed an order for production under the supply contract to supply them according to the above order of the Plaintiff.