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1. Defendant B’s KRW 135,000,000 and the Plaintiff’s annual interest thereon from August 13, 2018 to February 9, 2021, and the following.
Reasons
1. Determination on the claim against Defendant B, and on the claim for refund of the purchase price against Defendant C: Attached Form 2, and each of the causes of change (limited to the part on the claim against Defendant B and C): The applicable legal provisions: Judgment deemed a confession (Article 208(3)2, Article 150(3), and Article 150(1) of the Civil Procedure Act);
2. Determination as to the claim of consolation money against Defendant C and D
A. Defendant C’s summary of the Plaintiff’s assertion is the representative of E, F and G Co., Ltd., and Defendant D is the person working as the head of the above E, and Defendant D is the Defendants’ respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and caused damages to the Plaintiff by deceiving the Plaintiff that the said Defendants would be redevelopment of each of the instant real estate listed in the separate sheet, thereby having the Plaintiff purchase the said real estate. As such, the said Defendants jointly pay 30 million won and delayed damages to the Plaintiff.
B. The testimony of Defendant C and D alone by the Plaintiff, the evidence submitted by the Plaintiff, and the witness H had the Plaintiff purchase each of the instant real estate by deceiving the Plaintiff.
There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.
In addition, in a case where property damage occurs due to a contractual breach of obligation, tort, etc., the parties' mental suffering shall be deemed to be recovered from the compensation for property damage. As such, there is a special circumstance that the compensation for property damage causes irrecoverable mental suffering, and only where the other party knew or could have known such circumstance, the consolation money for mental suffering may be recognized (see Supreme Court Decision 2010Da26035, Jun. 14, 2012, etc.). Even if the plaintiff's assertion is acknowledged, even if the plaintiff's assertion is assumed, the compensation for property damage cannot be recovered.