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(영문) 대구지방법원서부지원 2017.10.19 2016가단14342

손해배상(기)

Text

1. The Defendants jointly committed against the Plaintiff KRW 62,419,870 and Defendant B from October 28, 2014 to October 21, 2016.

Reasons

1. On October 28, 2014, the Defendants: (a) conspired with the members of Bosing Organization D and other Bosing Organization, misrepresented the Plaintiff to the E-public prosecutor of the Seoul District Public Prosecutor’s Office; and (b) made the Plaintiff access to the website of the false public prosecutor’s office; (c) collected the information by allowing the Plaintiff to enter financial information, such as the Plaintiff’s resident registration number, account number, name, etc.; and (d) obtained a new authorized certificate using the collected information, and then withdrawn KRW 72.6 million from the account, such as the Plaintiff’s Mzzz securities, to the account in the third party’s name.

[Reasons for Recognition] Each entry in Gap evidence 1 and 2

2. According to the above facts of recognition, the Defendants are jointly liable for damages to the Plaintiff, which is calculated by deducting KRW 10,180,130,000, which is the Plaintiff’s refund out of the above deceptive amount, from October 28, 2014 (the date of delivery of a duplicate of the complaint) to October 21, 2016 (the date of delivery of a duplicate of the complaint) by Defendant B; Defendant C is obligated to pay damages for delay calculated at the rate of 5% per annum as prescribed by each Civil Act until March 10, 2017; and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.