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(영문) 서울중앙지방법원 2019.04.29 2018가단14043

손해배상(기) 청구의 소

Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from September 24, 2015 to March 14, 2018 to the Plaintiff.

Reasons

1. 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 150 of the Civil Procedure Act);

2. The plaintiff's claim against the defendant C alleged that the defendant C committed a tort in collusion with the defendant C, but there is no evidence to prove this.

In addition, the Plaintiff’s assertion that Defendant C is the representative director of Defendant C Co., Ltd. as stated in the attached cause of claim. However, insofar as Defendant C conspired with Defendant B and did not recognize the existence of deception of the Plaintiff, it is difficult to view that Defendant C is liable with Defendant B solely on the ground that it is the representative director of the above company.

Ultimately, the plaintiff's claim against the defendant C shall not be accepted for the reason that it is reasonable.