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1. The Defendants are jointly and severally liable to the Plaintiff to pay KRW 258,439,300 to the Plaintiff and the period from January 12, 2016 to July 21, 2016.
Reasons
1. The parties' assertion
A. On July 13, 2014, the Plaintiff asserted that: (a) around July 13, 2014, the Defendants subscribed to the bid bid amounting to KRW 9,50,000 ( KRW 450,00,000) with 16 fraternity members, 50,000.
After all, some of the above fields were sold in the middle. The defendants must return to the plaintiff the total sum of KRW 176,646,000 awarded by the plaintiff, and the total sum of the principal of the deposit paid by the plaintiff, KRW 91,795,300, total amount of KRW 268,441,300, and damages for delay.
B. The Defendants’ assertion is that only Defendant B is the subject of the successful bid, as alleged by the Plaintiff, and Defendant C is not the subject of the share.
2. Determination:
A. Whether the Defendants are joint owners or not, the following circumstances are acknowledged by the evidence Nos. 7-1, 2, 3, 10-1, 2, 3, 13, 14-1, 2, 14-1, 1-2, and 11 of the evidence Nos. 7-1, 2, 14-1, and 11 of the evidence Nos. 7-2, i.e., the Plaintiff and the members of the fraternity transfer the accounts to the Defendant C’s account. The Defendant C sent the accounts to the Defendant’s account; the fact that the Plaintiff was going to the opening of the fraternity; and the fact that the Defendants prepared the confirmation document that the Defendants were joint owners; in light of the fact that the Defendants were recognized as joint owners, the Defendants’ evidence Nos. 3, 4, 5-1, 2-1, 7-2, 3-1, 3-2, 9-1, 9-2, 9-2, and 9-2.
B. According to the purport of Gap evidence No. 8 of the limit operated by the Defendants, the successful bidder is 16 members, and the total amount is 50,000,000 won per unit, and the monthly payment per unit is 3,34,000 won per unit. On the first time term term term term term term term, Defendant B, the transferor, received the above total money, and the successful bidder was awarded to the fraternity (the highest amount of interest) which was written by stating the lowest amount of interest among the members of the fraternity from the second time, and the successful bidder was awarded a successful bidder on the given term term term, and 15 U.S. successful bidder paid monthly money.