1. The Defendants jointly pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from March 31, 2017 to the date of full payment.

Basic Facts

The Plaintiff and Defendant B are between native-gu and Defendant C, and Defendant C is a person who managed the funds of the business that trades closed-dong (hereinafter referred to as “Gu Ri business”).

On October 18, 2011, the Plaintiff transferred KRW 50,000,00 to the Defendant C’s account notified by Defendant B.

[Grounds for recognition] Nos. 1 and 2 are without dispute, and the plaintiff's assertion by the party to the judgment as to the grounds for a claim as to the whole purport of the arguments is that the plaintiff received a request from the defendant B to lend funds for the operation of the interest business, and the plaintiff lent 50,000,000 won to the defendants. Since the defendants are merchants, they are jointly and severally liable for the above loans.

The defendants are liable to compensate for damages equivalent to the above investment amount as joint tortfeasor, since the plaintiff made a high interest when investing KRW 50,000,000 and by deceiving the plaintiff as if he were to return the investment amount at any time.

If Defendant C is not the subject of the old project, 50,000,000 won that Defendant C received from the Plaintiff is the unjust enrichment received without any legal cause, and thus, is obligated to return it.

(Preliminary Claim). Defendant B’s assertion that Defendant B introduced the Plaintiff seeking to invest in the old business to Defendant C and made a direct investment to Defendant C, and thus Defendant B has no responsibility for such direct investment.

Defendant C’s assertion only managed the fund of the Riri Project on behalf of Defendant C who invested in the Kuri Project, but did not directly conduct the Kuri Project.

Defendant C does not borrow funds or receive investments from the Plaintiff, but does not deceiving the Plaintiff.

The Plaintiff’s transfer of KRW 50,000,00 to Defendant C’s account is based on the agreement between the Plaintiff and the Defendant, and thus, cannot be deemed an unjust enrichment.

Facts of recognition

E operates a business entity called F, while investing funds to external investors, is high profits or interest through closed Dong transactions.