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1. The Defendants are jointly and severally liable to the Plaintiff for 400,000,000 won and the period from April 16, 2017 to October 24, 2018.
Reasons
Facts of recognition
A. On April 2015, the Plaintiff became aware of Defendant B through the introduction of Defendant D, and Defendant C is the friendship of Defendant B.
B. The Plaintiff paid Defendant B KRW 20 million on May 12, 2015, ② KRW 100 million on August 10, 2015, ③ KRW 30 million on October 13, 2015, ④ KRW 30 million on October 28, 2015, ⑤ KRW 50 million on December 29, 2015, and KRW 410 million on a total.
C. From May 2016, the Plaintiff received a cash custody certificate stating that “40 million won is to be paid over three occasions from December 25, 2016 to Defendant D” from Defendant B, on December 10, 2016.
On January 4, 2017, the Plaintiff filed a complaint with the Busan Northern Police Station on the charge of fraud.
E. On February 16, 2017, Defendant B promised to pay to the Plaintiff KRW 400 million invested from the Plaintiff via two times on March 15, 2017 and April 15, 2017, “Written Non-performance” (hereinafter referred to as “Written Non-performance”).
Defendant C and D respectively entered their names and resident registration numbers under the signature of Defendant B at the bottom of the foregoing non-performance note. (F) On February 17, 2017, the Plaintiff revoked the complaint against the Defendants on [the Plaintiff did not have any dispute over the grounds for recognition, the Plaintiff’s assertion as to the purport of the entire pleadings, and the Plaintiff’s assertion as to the purport of the whole pleadings.
A. Defendant B must return to the Plaintiff the investment amount of KRW 400 million in accordance with the instant land non-performance note. Defendant C and D jointly and severally guaranteed the obligation to return the investment amount to the Plaintiff in Defendant B by signing the said land non-performance note on their own hand. As such, the Defendants jointly and severally liable to pay the Plaintiff KRW 400 million and the damages for delay thereof.
(State assertion). (b)
The Defendants jointly deception the Plaintiff and commit an illegal act of deceiving 400 million won from the Plaintiff, so the Defendants jointly and severally committed an illegal act of deceiving 400 million won from the Plaintiff.