beta
(영문) 의정부지방법원고양지원 2017.07.05 2014가합8851

손해배상(기)

Text

1. Defendant B, C, D, E, F, G, H, I, J, K, L, R, and S respectively (Appointed Party) and each Plaintiff (Appointed Party).

Reasons

1. Determination as to the claim against Defendant B, C, F, H, L, R, and S

A. Among the grounds for the attachment of the claim, the part as to the above Defendants is indicated in the attachment of the claim.

B. Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) by Defendant C, F, L, R, and deemed as having been made (Article 208(3)2 of the Civil Procedure Act)

C. Some dismissed parts of the Plaintiff (Appointed Party; hereinafter “Plaintiff”) claimed payment of damages for delay calculated at the rate of 20% per annum from the day following the day on which the judgment is rendered to the day of full payment, but the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings is changed from 20% per annum to 15% per annum. However, the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings were promulgated on September 25, 2015 and made it effective from October 1, 2015 to the statutory interest rate under the above amended provisions. Thus, the part exceeding

2. Determination as to the claims against Defendant D, E, G, I, J, and K

A. In full view of the overall purport of the arguments in Gap evidence Nos. 1 through 58 (including the number of pages) as to the cause of the claim, if the defendant D, E, G, I, J, and K conspired with the plaintiff and the selected parties to purchase the CD photographs manufactured by the defendant C (hereinafter the "C") for KRW 7.7 million and entrust the management to the defendant B (hereinafter the "B"), Eul will lease the photograph photographs to the plaintiff and the selected parties on the main points, such as the front door door door cover and drinking timber in front of the school, and pay the buyer the proceeds of lease. Since the lease proceeds are considerably good, it would be possible to receive the profit of KRW 70,00 won every 36 months, and after the expiration of the lease period, they would be sold to the company, which will be guaranteed the principal and the profits.