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1. Defendant B: (a) KRW 360 million to the Plaintiff; and (b) 5% per annum from January 10, 2018 to May 15, 2018; and (c) May 2018 to the Plaintiff.
Reasons
1. Claim against the defendant B
(a) Indication of claims: To be indicated in the corresponding part of the grounds for the claims;
(b) Grounds: Judgment on deemed confession (Article 208 (3) and the main sentence of Article 150 (3) and Article 150 (1) of the Civil Procedure Act);
2. Claim against Defendant C
A. The summary of the argument (1) on December 29, 2017, Defendant B made a false statement to the Plaintiff at the office of “E Real Estate” located in Cheongju-si, Cheongju-si, Cheongju-si, stating that even if the Defendant borrowed money from the Plaintiff, it would be paid as a profit to other investors who invested in the money. Since the investor’s investment principal was in an urgent situation to pay the investment principal as a profit to other investors, even if he borrowed money from the Plaintiff, Defendant B made a false statement to the effect that “If he/she borrowed money from the Plaintiff even though he/she did not have an intent or ability to pay it normally, he/she would pay it in 360 million won after 10 days if he/she borrowed money from the Plaintiff.”
As above, the defendant deceivings the plaintiff and obtains 360 million won from the defendant.
(2) Although Defendant C was well aware of the fact that he had no intention or ability to repay the money, he actively solicited Defendant B to lend part of the money he acquired by Defendant B to the Plaintiff as the pretext of introduction and profit, and actively participated in the above fraud crime.
(3) Therefore, as joint tortfeasor, Defendant C is jointly and severally liable to pay KRW 360 million and delay damages therefor.
B. According to the reasoning of the evidence No. 8, the facts charged by Defendant B on February 28, 2018 and sentenced to imprisonment with labor for ten years on August 17, 2018 and still pending in the appellate court can be acknowledged.
Furthermore, only some of the evidence Nos. 1 through 7, and 9 are that Defendant C jointly participated in, or aided and abetted to commit, the above crimes.