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1. The Defendants jointly share KRW 98,00,000 with respect to the Plaintiff and KRW 15% per annum from July 8, 2017 to May 31, 2019.
Reasons
1. Facts of recognition;
A. The Defendants are married with each other, and the Plaintiff is a person who operates a D public book room with the Defendants’ children.
B. If the Plaintiff made an investment in advance with the annual subsidy for a private teaching institute cost for one-year to Defendant B, he/she was deceiving Defendant B to pay two times or more after accumulating points, and Defendant B paid a total of KRW 15,323,100 to the Plaintiff from December 15, 2015 to February 15, 2016.
C. Defendant B demanded that the Plaintiff return the principal and interest of the investment, and the Plaintiff paid KRW 15,208,000 in total to the Defendant C’s account from January 15, 2016 to February 4, 2016.
The Defendants knew that the Plaintiff was deceiving Defendant B, and threatened the Plaintiff from February 17, 2016 to March 17, 2017, to the effect that “it would report to the police or know to the company without returning the agreed principal and interest of the investment,” thereby receiving KRW 98,00,000 from the Plaintiff, as shown in the separate sheet.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-1, the purport of the whole pleadings
2. According to the facts of the judgment as to the cause of the claim, the Defendants jointly interfered with the Plaintiff, and the Plaintiff incurred damages of KRW 98,00,00,00. Accordingly, the Defendants are jointly liable to pay the Plaintiff 98,000,000 as compensation for joint tort, and to pay the Plaintiff money at the rate of 15% per annum from July 8, 2017 to May 31, 2019, for which the Plaintiff seeks from July 8, 2017 to May 31, 2019, Articles 3(1) and 2(2) of the Addenda to the Regulations on Special Cases Concerning the Encouragement, etc. of Legal Proceedings, Article 3(1) main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
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