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1. Defendant B shall pay to the Plaintiff KRW 97,50,000 and the interest rate of KRW 15% per annum from January 12, 2017 to the date of full payment.
Reasons
1. Claim against the defendant B
(a) Indication of claims: To be as shown in the attached Form;
(b) Judgment by service: Article 208 (3) 3 of the Civil Procedure Act;
2. Determination as to the claim against Defendant C
A. Defendant C, along with Defendant B, operated the E Bana of the building underground in Jung-gu Incheon Metropolitan City (hereinafter “the instant Bana”), and had authority to conclude the service contract even though there was no authority to conclude the service contract with the instant Bana, the Plaintiff, as if he had the authority to conclude the service contract with the Plaintiff, F, etc., by deceiving ten persons, including the Plaintiff, F, etc., to believe that the Plaintiff engaged in real estate brokerage business, and deposited KRW 20,500,000 in total with the Nonparty as the service right deposit amount.
Ultimately, the Defendants, by deceiving the Plaintiff, F, etc., obtained the above money, and thereafter, in the case of damages claim filed against the Plaintiff against the Plaintiff, F, etc., adjustment was made to the effect that the Plaintiff paid part of the security deposit on behalf of the Defendants, and subsequently, the Plaintiff was unable to pay the said money by compulsory auction and lost its ownership. In the above auction procedure, F, etc. received dividends of KRW 135,468,352.
Therefore, Defendant C and Defendant C are jointly and severally liable to compensate the Plaintiff for the damages due to the Defendants’ tort.
B. The judgment of the court below is based on the evidence Nos. 2, 3, 6, and 7 as to whether Defendant C, together with Defendant B, purchased the instant letter of interest from Defendant B and Non-Party G, on Sep. 9, 2004, and leased the instant letter of interest from GaS Construction on Jan. 25, 2006. G drafted a sales contract with H on Feb. 12, 2007, stating that the Plaintiff sold the instant letter of interest to H for KRW 720,000,000, and that H and I purchased the letter of interest from H, etc. and the purchase price was H. H.