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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On October 31, 2012, the Plaintiff leased the lease deposit amount of KRW 100 million to Defendant B, under the brokerage of Defendant C, Nos. 102 and 801, Young-gu, Young-gu, Young-gu, Young-gu, D apartment at KRW 100 million.
B. Defendant B received a loan of KRW 80 million out of the deposit from Dongbu Fire Co., Ltd., and paid the deposit, and Dongbu Fire set up a pledge of KRW 80 million against Defendant B’s claim for the refund of lease deposit against the Plaintiff.
B. After the Plaintiff and Defendant B agreed to the termination of the lease one year thereafter, the Plaintiff first paid KRW 10 million out of the lease deposit to Defendant B, and the Plaintiff, around November 15, 2013, told Defendant C to the effect that he would directly repay the 90 million Won from Defendant B to the Eastern Fire, and then, given Defendant C a deposit of KRW 90 million to Defendant B.
C. Defendant B did not pay money to Dong-gun Fire, which eventually led to the Plaintiff’s repayment of KRW 81,914,020 of the principal and interest of the loan to Dong-gun Fire.
Defendant B received money under the pretext of giving money to the same kind of fire, but embezzled or stolen it, and Defendant C, as a person who is well aware of the procedures for repayment of the same kind of fire loan, had the Plaintiff receive a check directly, and had the Plaintiff handle all the activities smoothly.
Therefore, these acts of the Defendants constitute a tort jointly.
2. Damage to be compensated due to nonperformance is a clear and conclusive loss actually incurred, so if an obligee is liable to a third party due to nonperformance, the obligee is obligated to pay the same amount as that of the obligation to the third party as the liability to the obligor in order to claim damages against the third party as the damages. However, it should be deemed that the said obligation is realistic and conclusive, and thus, the damage actually occurred.