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(영문) 대구지방법원김천지원 2019.06.12 2018가단36492

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 31,00,000 and the interest rate of KRW 15% per annum from February 27, 2019 to the date of full payment.

Reasons

1. Claim against the defendant B

A. The description of the claim is as shown in the annexed sheet of claim.

B. Article 208 (3) 2 of the Civil Procedure Act of the judgment to recommend confession

2. Claim against Defendant C

A. The gist of the Plaintiff’s assertion is that Defendant B would rent and pay a rent for six months, and then refund the rent if he/she returned the vehicle. On July 11, 2018, the Plaintiff transferred the sum of KRW 31,000,000 to the account under Defendant C’s name until September 19, 2018, including transfer of KRW 2,00,000 to the account under Defendant C’s name.

As such, Defendant C participated in the act of defraudation by Defendant B by allowing Defendant B to use the account, and is jointly and severally liable with Defendant B, who is a tort, to compensate for the damages suffered by the Plaintiff.

B. The fact that the account in the name of the defendant C was used is insufficient to recognize that the defendant C participated in the illegal act of the defendant C, and otherwise conspired with the defendant B.

Since there is no evidence to prove that the plaintiff participated or participated, the plaintiff's above assertion is without merit.

3. The plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.