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1. The Defendants jointly share KRW 160,000,000 with the Plaintiff and Defendant B with respect thereto from July 13, 2015 to December 4, 2018.
Reasons
1. Facts of recognition;
A. On July 2015, the Defendants stated that “The Plaintiff, who was aware of the work in D, an insurance sales agency, extended loans to those who need to obtain outside funds from a savings bank and borrow 25% interest from the lender, and returned 10% of this interest to investors.” The Defendants stated that “I will guarantee 10% interest and 10% interest interest by investing in the savings bank if she adds investment funds to us.”
Accordingly, from July 8, 2015 to July 13, 2015, the Plaintiff remitted total of KRW 160,000,000 to the Defendant B’s account.
B. The Defendants were indicted as the fraud case No. 2017Da3825 of Seoul Southern District Court (Seoul Southern District Court Decision 2017Da3825) by deceiving the Plaintiff as above, thereby deceiving the Plaintiff and deceiving 160,000,000 won of the investment money. Defendant B was sentenced to a criminal judgment of conviction on October 4, 2018, and Defendant C was sentenced to imprisonment with labor on October 25, 2018.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers), and the purport of the whole pleadings
2. Determination
A. As determination on the cause of the claim is recognized that the Defendants deceptiond the Plaintiff with the fact that the Plaintiff agreed to return the investment amount and pay the proceeds, the Defendants jointly have the obligation to pay to the Plaintiff 160,000,000 won and damages for delay calculated at the rate of 15% per annum as prescribed by the Civil Act from July 13, 2015 to December 4, 2018, a copy of the application for change of the purport of the instant claim and the cause of the claim, from July 13, 2015 to December 3, 2018, which is the date of delivery of the copy of the application for change of the purport of the claim and the cause of the claim, from July 13, 2015 to December 3, 2018, which is the date of delivery of the copy of the application for change of the purport of the instant claim and the cause of the claim.
B. Determination 1 on the Defendants’ assertion is that the Defendants are only investors of E and the victims of the act of receiving the same kind of money, and thus the Plaintiff’s claim is unreasonable.