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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The Plaintiff’s assertion was in the same business relationship between D and mobile phone sales, but Defendant B, the mother of D, and Defendant C, the her internal organ, obtained stable profits equivalent to double interest from investing in the equipment and machine purchase of Defendant C’s factory operated by Defendant C, on March 2014. The Plaintiff deceptioned the Plaintiff, and then acquired a total of KRW 131,50,000 (hereinafter “the instant remittance amount”) from the Plaintiff to the account in the name of Defendant C, as shown in attached Table 1, from March 27, 2014 to January 21, 2015.
The Defendants paid KRW 11,880,000 in total to the Plaintiff from April 15, 2014 to February 17, 2015 in the course of defraudation as above, as shown in attached Table 2. The Defendants are obligated to pay the Plaintiff damages incurred by joint tort amounting to KRW 119,620,00 (= KRW 131,50,000 - KRW 11,880,000) and damages incurred therefrom.
2. We examine the following circumstances: ① the Plaintiff did not specifically assert and prove the specific contents of deceptive act, such as the object, content, condition, and method of payment of earnings, etc. of investment made by the Defendants, or whether the Defendants shared any act. ② According to the Plaintiff’s assertion, the Plaintiff did not prepare any document with the Defendants in relation thereto, even though it paid an amount exceeding KRW 131,50,000 for a period up to 10 months under the name of investment, and ③ the account in the name of Defendant C was used in relation to the operation of the mobile phone sales store at the time when the remittance was made. In light of the following circumstances, the evidence submitted by the Plaintiff alone is sufficient to support the Defendants to receive the remittance amount in this case under the name of Defendant C as investment funds for the factory operated by Defendant C by deceiving the Plaintiff.