손해배상(기)
1. Defendant C’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from January 26, 2016 to January 17, 2017.
1. On December 9, 2015, the Plaintiff, a licensed real estate agent, a certified judicial scrivener, and Defendant C are employees of Defendant B, and the Defendant C is liable for damages equivalent to KRW 35 million due to the said Defendant’s deception. On December 9, 2015, the Plaintiff, by deceiving the Plaintiff, “it is possible to return the principal and interest KRW 1 million after two weeks due to the substitute payment of the deposit money for incorporation.” The Plaintiff, by soliciting a payment of money, wired money to the Plaintiff under the name of Defendant B for the borrowed money on January 25, 2016. As the Plaintiff was acquired through the said Defendant’s deception, the said Defendant is liable for damages equivalent to KRW 35 million due to the said Defendant’s deception, by being served with lawful delivery and being present at the date of pleading, and thus, the said Defendant shall not be deemed to dispute this issue pursuant to Article 150(1) of the Civil Procedure Act.
Therefore, the above defendant is obligated to pay to the plaintiff 35 million won and the damages for delay calculated at the rate of 5% per annum under the Civil Act from January 26, 2016 to January 17, 2017, which is the day following the above tort, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Determination as to the claim against the defendant B
A. The plaintiff asserts that the above defendant C, an employer of the defendant C, is jointly and severally liable with the defendant C to compensate the above losses incurred by the defendant C, who is an employee, to the plaintiff regarding the execution of the above affairs.
Comprehensively taking account of the overall purport of the statements and arguments by evidence Nos. 1 and 6, Defendant C sent money to the Plaintiff on December 9, 2015, as follows: (a) there are two cases of establishment of a corporation handled in our office with the amount of KRW 40 million and KRW 35 million,000,000,000.