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(영문) 서울중앙지방법원 2016.07.19 2016가단5024973

구상금 등

Text

1. The Plaintiff:

A. As to KRW 65,152,153 and KRW 65,140,231 among Defendant E, Defendant E shall be from January 16, 2015 to August 31, 2015.

Reasons

1. As to the facts as to the Plaintiff’s cause of claim, the Plaintiff and the Defendant A, C, D, E, and G may be recognized by each of the statements in the evidence Nos. 1 through 28, and it shall be deemed that the Defendants led to confession pursuant to Article 150(3) of the Civil Procedure Act among the Plaintiff, the Defendant B, F, and H.

Therefore, the defendants are jointly obligated to pay the money stated in the order to the plaintiff.

2. Defendant D argues to the effect that the degree of his participation in the instant loan is minor, the profit accrued therefrom is less than 10% fee, the economic difficulty is, and the support for his family is different. Defendant C neglected to verify the authenticity of the instant loan, the degree of his participation in the instant crime is minor, and the profit accrued therefrom is about 5-15% of the source of the instant loan, taking into account the fact that Defendant C neglected to verify the authenticity of the instant lease contract, and the degree of his participation in the instant crime is minor, and the amount of profit accrued therefrom is about 5-15% of the source of the instant loan.

If a person intentionally commits an illegal act by taking advantage of the victim's care and intentionally obtains the limitation of liability such as offsetting negligence, it would result in a result contrary to the principle of fairness or good faith by having the perpetrator finally possess profits from the illegal act. In such a case, it is not allowed to claim to reduce the liability on the ground of the victim's negligence.

In addition, joint tort liability is not individually seeking damages from each act of the perpetrator, but to pursue liability for the joint tort jointly committed by the perpetrator. Therefore, the scope of liability for damages caused by joint tort shall be determined by evaluating all acts of the tortfeasor together in relation to the victim, and the amount of damages shall be determined by each tortfeasor.