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1. Defendant B: (a) 180,000,000 won to the Plaintiff (Counterclaim Defendant) and the period from April 26, 2016 to March 24, 2020.
Reasons
1. Basic facts
A. Defendant B concluded a business partnership agreement with the Plaintiff and his husband F stating that “The right to operate a store located in the G facilities is to be granted” and the contract period between April 26, 2016 and April 25, 2019 was from April 26, 2016 to April 25, 2019, and the amount of alliance was 180,000 won.
However, in fact, Defendant B entered into a contract with the Plaintiff under the name of H, which is not related to the above store. At the time, the credit card approval account of the above store was seized several times to other creditors, etc., and thus, even if the Plaintiff operated the above store, it was highly unlikely to obtain approval for the use of the credit card. Also, Defendant B had no intent or ability to keep the instant store operated normally even if Defendant B received the payment from the Plaintiff, such as the expiration of the contract period, at the time of entering into the business partnership contract with the Plaintiff, since the contract period between I and G facilities with the operating authority of the above store was up to July 2016.
B. Nevertheless, Defendant B, by deceiving the Plaintiff on April 25, 2016, obtained 80 million won from the Plaintiff as the national bank account in the name of C, 20 million won as the agricultural bank account in the name of D around April 19, 2016, and 40 million won as the agricultural bank account in the name of D on April 25, 2016, including the agricultural bank account in the name of D, and 60 million won as the agricultural bank account in the name of D on April 25, 2016, and 40 million won as the new bank account in the name of E on April 19, 2016.
[Reasons for Recognition] Defendant B: The remaining Defendants who were deemed to have been admitted due to the failure to submit a written reply: The statement of No. 5 and the purport of the whole pleadings
2. Demand for principal lawsuit:
A. Defendant B is obligated to pay the Plaintiff the amount of KRW 180,000,000,000 and the damages for delay due to the above tort damages.
B. (1) The remaining Defendants of the Plaintiff’s assertion in collusion with Defendant B received the said money from the Plaintiff without any legal grounds, and thus, they each received the money from the Plaintiff.