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1. Defendant B’s KRW 40,000,000 as well as 5% per annum from November 4, 2017 to January 9, 2018 to the Plaintiff.
Reasons
1. Claim against the defendant B
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Grounds for recognition: Confession (Article 208 (3) 2 of the Civil Procedure Act);
2. The Plaintiff filed a claim against Defendant C, in collusion with Defendant B, sold 30 gluss (hereinafter “instant trees”) of pine trees on the ground located D at the time when the Plaintiff purchased from Defendant B in collusion with Defendant B, and Defendant C is jointly and severally liable with Defendant B to pay the Plaintiff damages amounting to KRW 40 million and damages for delay.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant C conspired with Defendant B to sell the instant trees twice to E, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's claim against the defendant C is without merit.
3. In conclusion, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit.