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1. Defendant B and C jointly share KRW 50,000,000 with respect thereto to the Plaintiff, and the period from March 25, 2015 to March 22, 2019.
Reasons
1. Determination as to claims against Defendant B and C
A. Facts of recognition 1) The Plaintiff was introduced by Defendant B around December 2014, while the company (EE Co., Ltd) that acquired was in arrears on September 2014, and was subsequently introduced Defendant C from Defendant B as an expert in corporate merger (M&A), and subsequently, Defendant C was to promote the acquisition of the company with the above Defendants. (2) Defendant C was to listen to the Plaintiff by seeking that H, the representative director of G Co., Ltd (hereinafter “G”) intended to sell G from the F, the land owner around February 2015, and the Plaintiff was to promote the acquisition of G.
3) First, F had to deposit KRW 20 billion with a designated bank, and the Plaintiff had to raise the said KRW 20 billion, but did not have any intent to do so. During that, the Defendant C expressed his opinion that he should pay money to F in order to show that he had the intent to proceed with G acquisition, and the Plaintiff delivered KRW 50 million to Defendant B on March 25, 2015 (hereinafter “the instant money”).
4) However, there was no fact that F demanded money from Defendant C under the above name. Defendant B and C did not think that F would have to deliver the instant money received from the Plaintiff at the beginning, and Defendant B was written by dividing it with Defendant C, etc. immediately after receiving the instant money.
5) Ultimately, Defendant B and C were convicted of the facts constituting a crime by which the Plaintiff conspireds as above and deceptions the Plaintiff, and they received the instant money from the Plaintiff (Seoul Southern District Court 2017Kadan5239). Defendant B appealed only against this, but the appeal was rendered on October 24, 2019, and the final appeal is currently pending in the final appeal. [Grounds for recognition] Defendant B and C are currently pending in the final appeal. [The grounds for recognition] Defendant B: (No dispute is asserted against Defendant C under Article 150 of the Civil Procedure Act; (i) the facts that there is no dispute, evidence Nos. 1 and 8, and evidence Nos. 11-1 through 12; and (ii) the purport
B. Determination