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1. Defendant B’s KRW 96,00,000 and annual 5% from March 8, 2013 to December 19, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 12, 2013, Defendant B: (a) provided that Defendant B would repay KRW 25,000,000 to the Plaintiff for the purchase of pine trees after three (3) days including interest if he/she borrowed KRW 25,00,00 for the purchase of pine trees; (b) provided that he/she would receive KRW 25,00,000 from the Plaintiff, i.e., the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’
3. 8. Up to six times in total, the Plaintiff received KRW 108,000,000 from the Plaintiff and acquired it by deception.
B. On January 21, 2013, Defendant B repaid to the Plaintiff KRW 12,00,000 out of the amount obtained by deceit.
C. Defendant C allowed Defendant B to use his agricultural bank account.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Accordingly, according to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff 96,00,000 won (108,000,000 won - 12,000,000 won - 12,000,000 won) as sought by the Plaintiff, 5% per annum under the Civil Act from March 8, 2013 to December 19, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
3. The Plaintiff asserts that the part of the claim against Defendant C is jointly and severally liable to compensate the Plaintiff for damages due to joint tort, since Defendant C had known or could have known that Defendant C had known or could have known that it was used for the crime of fraud, etc., Defendant C had allowed Defendant C to use the account in the name of Defendant C.
Defendant C allowed Defendant C to use his own account in his name, and Defendant C received money from Defendant C to Defendant C’s account. However, according to the evidence No. 1, Defendant C permitted Defendant C to open and use the agricultural bank account.