손해배상(기)
1. Defendant E: (a) KRW 42,857,142, Plaintiff C, and Plaintiff D respectively for KRW 28,571,429 and each of the said money. < Amended by Presidential Decree No. 28100, Jun. 6, 2017>
1. Basic facts
A. Defendant E and F are directors of Defendant medical corporation G (hereinafter “Defendant Medical Foundation”).
B. On January 14, 2016, the deceased A (hereinafter “the deceased”) was diagnosed as “malary cancer accompanied by both sides of the GH Hospital” and was hospitalized in the I Hospital operated by the Defendant Medical Foundation from January 21, 2016, and was hospitalized in the I Hospital.
C. On July 2016, the Deceased received a request from Defendant E to lend KRW 100 million from Defendant E, and deposited KRW 20 million in the account in the name of Defendant Medical Foundation; KRW 30 million on July 18, 2016; KRW 27.30 million on the same month; KRW 28.20 million on the same month; and KRW 100 million on the 30.30 million on the same month.
As the deceased died on July 27, 2017 during the instant lawsuit pending, the deceased took over the said lawsuit by the Plaintiff B, the deceased’s spouse, and C and D, the deceased’s heir.
[Ground of Recognition] Unstrifed Facts, Gap evidence 1, 3-1 to 3, 5, 19-1 to 5, and Eul evidence 1
2. Judgment on the plaintiffs' primary claims
A. The gist of the plaintiffs' assertion that the deceased borrowed money from Defendant E and F for difficult operation of I Hospital, the deceased would receive subsidies of KRW 500 million and pay interest of KRW 100 million per month, and he borrowed KRW 100 million per month. However, the above Defendants could be deemed as deceiving the deceased even though they did not have the intent or ability to pay that money to the deceased. Thus, the Defendants are liable for joint tort under Article 760 of the Civil Act.
In addition, as Defendant E and F, who are directors of the Medical Foundation, inflicted damages on the deceased in connection with their duties, Defendant E and F shall be liable for damages in accordance with Article 35 of the Civil Act.
B. The evidence submitted by the Plaintiffs alone is insufficient to recognize that Defendant E and F had deceiving the Deceased as alleged by the Plaintiffs, and there is no other evidence to acknowledge otherwise.
Rather, according to the evidence Nos. 1, 5, and 6, the deceased is suspected of fraud.