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1. The Defendants jointly pay to the Plaintiff KRW 44,00,000 and the interest rate thereon from September 10, 2017 to the date of full payment.
Reasons
1. Claim against the defendant B
A. Facts of recognition 1) Defendant B is Defendant C Co., Ltd. (hereinafter “Defendant Company”).
(2) As the financial situation of Defendant Company aggravated, Defendant B conspired to obtain lease deposit by entering into a lease contract through F and G, etc., which may not be aware of such circumstances, with respect to the commercial buildings already sold among D and E and executed by Defendant Company, which had been the representative director of the Defendant Company.
3) On October 20, 2009, Defendant B and D got the Plaintiff through F and G, as if the Defendant Company leased KRW 104 and 105 to the Plaintiff KRW 224,9,000 for each of the deposit money of KRW 104 and 105 for commercial buildings, and deceiving the Plaintiff by deceiving the Plaintiff, and its affiliated KRW 22,00,000 for each of the deposit money of KRW 22,00,000 for each of the commercial buildings as of October 21, 2009, respectively, received KRW 44,00,000 from the Plaintiff as the deposit of the Defendant Company’s account. (4) Defendant B was charged with the above criminal facts, and was sentenced to a fine of KRW 2,00,000 for the said court on October 29, 2013, and the said judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
B. According to the above facts of determination as to the cause of the claim, Defendant B is liable to pay the Plaintiff the amount of KRW 44,00,000,000, which is jointly with the Defendant Company liable for damages due to the representative’s tort, and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 10, 2017 to the date of complete payment, which is the last delivery of the copy of the complaint of this case sought by the Plaintiff after the date of the above tort.
In this regard, the defendant B is urged by the representative director D in the circumstance that the defendant company suffered difficulties.