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1. Defendant E’s each of the Plaintiffs’ KRW 15,00,000 and 5% per annum from March 11, 2016 to December 13, 2016.
Reasons
1. Basic facts
A. Plaintiff A and B are licensed real estate agents engaging in real estate brokerage business, Plaintiff C are licensed real estate agents who have been engaged in real estate brokerage business for a long time. Defendant D is a certified judicial scrivener who operates “certified judicial scrivener D office” in Article 302 of the Gwangju Dong-gu, Gwangju, and Defendant E is an employee of Defendant D, who works as a secretary at the above office.
B. On March 10, 2016, Defendant E sent a text message to the Plaintiffs each of “15,000,000,000 (15,000,000,000 capital capital of the corporation).” Defendant E reported the above text message to the Plaintiffs who called Defendant E, and sent the above text message to Defendant E, “If there is a case of the establishment of a corporation that is being processed in our office, the Plaintiff would return all interest KRW 4,00,000 after 15,000,000,000 to the principal.” However, Defendant E did not have any case of incorporation under way. However, Defendant E did not think that it was used for personal purposes, such as debt repayment, etc. from the beginning, from the date of the above act of deception, Defendant E obtained each of the above KRW 15,500,000 from the Plaintiffs in the name of Defendant D bank in the name of each of the accounts.”
3) Defendant E was sentenced to two years of imprisonment with prison labor from this court due to the act of fraud against the Plaintiffs (this Court Decision 2016Da1551 decided September 8, 2016). Defendant E appealed from this Court, but Defendant E withdrawn an appeal at the appellate court and the judgment of the court of first instance became final and conclusive as it is. [Grounds for recognition] Defendant E: deemed confession (Article 150(1) and (3) of the Civil Procedure Act)
2. The Plaintiffs regarding the claim against Defendant E are the Plaintiffs on March 10, 2016.