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1. Defendant C shall pay to the Plaintiff KRW 21,307,00 and the interest rate of KRW 15% per annum from June 27, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On August 12, 2013, Defendant C made a false statement to the effect that “In-house, I will find out through dunes, I would like to purchase the premium of KRW 12,000,00 from the D Apartment 201, 817, 300,000, and would be able to gain profits from two times within the short period of sale from others. At present, I would like to make a false statement to the effect that “In-house, I would like to purchase the premium of KRW 12,00,000 from 2,00,000 to 3,00,000,000.”
However, at the time of the instant case, the premium was about 4,00,000 won in the market price, and Defendant C was aware of the fact that it could earn profits by making an investment in the same form as above to a person who is not qualified as a licensed real estate agent. Since the Plaintiff received money from the Plaintiff and was thought to use it for an individual purpose, even if it was transferred from the Plaintiff, there was no intention or ability to repay the principal and profits that the Plaintiff promised to make an investment in the said apartment.
B. Defendant C received 12,00,000 won from the Plaintiff as the purchase price for the right to sell the same day, and 307,000 won as the price for management expenses around August 13, 2013 and acquired it by deceit.
C. On October 6, 2013, Defendant C made a false statement to the effect that “Defendant C, through Defendant B, who is his/her father, has made an investment in the Plaintiff at first of all, with a lot of apartment prices coming below the price. Inasmuch as good things are left, Defendant C may impose a larger amount of money on the Plaintiff.”
However, in fact, Defendant C was merely aware of the fact that he could make a profit by making an investment in the above form as a non-licensed real estate agent. Since he received money from the Plaintiff and thought to use it for personal purposes, even if he received money from the Plaintiff, Defendant C did not have the intent or ability to repay the principal and profit which he promised to make an investment in the above apartment.
Defendant C.