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1. The plaintiff's primary claim against the defendants is dismissed.
2. The Defendants are jointly and severally liable to the Plaintiff for KRW 40 million.
Reasons
1. Facts of recognition;
A. On April 11, 2018, the Plaintiff: (a) recommended by Defendant B to make an investment in the land located there is a large number of development materials in the Dagjin-gun, Chungcheongnam-gun; and (b) transferred land investment amounting to KRW 40 million to the account of community credit cooperatives known by Defendant B on April 11, 2018 (hereinafter “instant money”).
B. On April 16, 2018, E Co., Ltd. (hereinafter “E”) concluded a real estate sales contract with F to purchase three parcels of land, including 41,145 square meters in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do (hereinafter collectively referred to as “Dri land”), with the purchase price of KRW 360,000,000 (the contract amount of KRW 30,000,000 per contract and the balance of KRW 330,000,000,000,000 per contract) and paid KRW 30,000,000 for the down payment.
C. Since May or June 2018, F paid the cancellation fee of KRW 60,000,000 to E, and rescinded a sales contract for D land.
The Defendants distributed the above KRW 60 million to the Defendants, and did not pay any money to the Plaintiff.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings
2. Judgment as to the main claim
A. The summary of the claim is that the Defendants, by deceiving the Plaintiff, obtained the instant money by deceiving the Plaintiff, and received the amount of KRW 60 million from the seller, but refused to return it even if they received the amount of KRW 60 million from the seller.
The Defendants’ act constitutes a joint tort. Accordingly, they are obliged to pay the Plaintiff the amount of KRW 60 million and delay damages incurred therefrom.
B. As seen earlier, Defendant B received the instant money from the Plaintiff under the pretext of investment in DD land, and the said money was actually used as the purchase price for DD land through E. As such, Defendant B deceiving the Plaintiff, thereby under the pretext of land investment.