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1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, KRW 128,962,20, and each of the said money.
Reasons
Basic Facts
Defendant B committed an act as if he did not intend or have the ability to pay sirens from March 4, 2015 to December 17, 2015, but did not pay normal installment charges, and acquired eight Mapos in an amount equivalent to KRW 24,804,00 from the Plaintiff’s market price by deceit.
On March 2, 2016, Defendant B employed Defendant C to handle affairs necessary for the above crime.
The Defendants conspired in collusion with the aforementioned method from March 23, 2016 to April 25, 2017, and acquired the horses worth KRW 183,973,910 in total from the Plaintiff’s market price.
[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 3, and judgment on the cause of the claim as to the purport of the entire pleadings, and the defendant Eul acquired the Mapoer in an aggregate of 24,804,000 won in the market price independently. The facts that the defendants acquired the Mapoer in an aggregate of 140,290,800 won in the market price are as mentioned above. The defendant Eul was liable to pay the rental fee of KRW 11,328,60 in the period when he acquired the Mapoer solely in collusion, and the fact that the rental fee of KRW 11,328,60 in the period when the defendants acquired the Mapoer in collusion is paid to the plaintiff (i.e., KRW 151,858,200, KRW 204,000 + KRW 140,000, KRW 290, KRW 808, KRW 2908, KRW 1608, KRW 20816, and damages for delay).
The Defendants asserted that the Plaintiff was paid insurance money equivalent to the above damages from D Co., Ltd., but there is no evidence to acknowledge this.
This part of the defendants' assertion is rejected.
The defendants paid the rental fee of 3-month average per massage. Thus, the defendants paid the rental fee.