손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of the court of first instance cited by the judgment of the court of first instance is as follows, in addition to adding the following matters to the third page of the judgment of the court of first instance, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
As long as the Defendants paid KRW 2,100,00 to the Plaintiff on February 23, 2017, the purport of this part of the Defendant’s assertion is that as long as the Defendants paid KRW 2,100,000 to the Plaintiff, they should offset this against the Plaintiff’s damage claim against the Defendants.
However, in a case where the obligation was caused by an intentional tort, the obligor cannot set up against the obligee by set-off (Article 496 of the Civil Act). The claim of this case is a damage claim arising from the Defendants’ fraudulent act against the Plaintiff, which constitutes a tort by intention.
Therefore, even if there was an act of payment of money as alleged by the Defendants, the above assertion by the Defendants cannot be accepted in this respect.
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2. In conclusion, the judgment of the court of first instance is legitimate, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.