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1. The plaintiff's claim against the defendant is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 2012, the Plaintiff’s husband G was introduced as the owner of the building at the I Hospital (tentative name, hereinafter “instant building”) that is scheduled to be newly constructed at H on the ground of the original city via E through E, and sought an explanation from E and F that the instant building will be completed on or around September 2012, and decided to lease a commercial building on the instant building.
G listening to the Plaintiff on March 14, 2012 that “I will take the next day by preparing a lease contract between F and F,” from E, and talking to the Plaintiff, the Plaintiff wired KRW 96,740,000 to the Defendant’s account, a wife, as a deposit for lease.
After that, E or F did not intend to prepare a lease contract that is promised by E or F, and the construction of the instant building does not run entirely. The Plaintiff and G continued to demand a refund of the lease deposit or a change in the lease contract. E and F have to go on May 2013, the Plaintiff, the lessor, the lessor, the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff were preparing a lease contract causing KRW 100 million to G, and the construction is not in progress until now. As the real estate disposal trust contract was concluded with the third party with respect to the instant building, the Plaintiff and G were unable to move into as a lessee.
As such, E and F deceiving G as if the instant building was completed immediately, and, in particular, F had the Plaintiff enter into the instant lease agreement by causing the Plaintiff to enter into the instant lease agreement and transfer KRW 96,740,000 to the Defendant’s account, the wife of E, thereby causing considerable loss to the Plaintiff.
Therefore, the defendant who acquired the above money is jointly liable for damages caused by illegal acts with E and F, and thus the plaintiff is obligated to pay 96,740,000 won and damages for delay paid to the plaintiff as security deposit.
2. Determination feet, Gap.