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1. Defendant B shall pay to the Plaintiff KRW 134,80,000 as well as 20% per annum from May 19, 2015 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment on deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against Defendant C
A. On or around April 2013, the Plaintiff was offered by Defendant B, who runs a medium and high-ranking sales business, with the proposal that “if a loan is made for the purchase of a medium and high-ranking vehicle, the principal will be paid at a later rate of interest.” Defendant B shall have a total of KRW 249.8 million over about 20 million from May 2, 2013 to December 5, 2014, the sum of KRW 200,000,000 from May 2, 2013 to December 5, 2014.”
(2) The Plaintiff received each payment of KRW 48 million in total, and KRW 67 million in the name of repayment of interest, from Defendant B, from June 7, 2013 to December 17, 2014.
3) As the contact with Defendant B was interrupted from December 21, 2014, the Plaintiff filed a complaint against the Defendants with the Incheon Southern Police Station on January 16, 2015, on the charge of fraud. The Incheon District Prosecutors’ Office issued a disposition of suspending a witness against Defendant C around March 2015. [Grounds for recognition] There is no dispute, and evidence Nos. 1 through 5 (including each number of numbers; hereinafter the same shall apply) (including each number).
No. 4. Each entry of No. 4 and the purport of the whole pleading
B. Defendant C, in collusion with Defendant B, enticed the Plaintiff that “I would pay a high interest on the loan of the purchase fund of a heavy vehicle” for the purpose of acquiring money from the Plaintiff, and that is, the Defendants received a total of KRW 249.8 million from the Plaintiff and acquired it by deception.
Since the Plaintiff received payment of KRW 48 million as the name of principal repayment, and KRW 67 million as interest repayment, the amount of damages the Plaintiff finally suffered due to the said fraud by the Defendants (i.e., KRW 200 million - KRW 48 million - KRW 48 million - KRW 67 million).
Therefore, Defendant C is jointly and severally with Defendant B about 134.8 million won to the Plaintiff.