구상금 및 손해배상(기) 등
1.For the plaintiff: (a)
Defendant A, 54,847,430 won and Ghana, with 12% per annum from July 9, 2015 to August 31, 2015, respectively.
1. Determination on the grounds for each claim
(a) Indication of claims: To be as shown in the reasons for the claims;
(However, "the delivery date of a copy of the complaint" is deemed "the last delivery date of a copy of the complaint". (b)
(1) Defendant A, C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)
2. Determination as to Defendant B’s assertion
A. Defendant B asserts to the effect that, as the Plaintiff was negligent by failing to properly verify the authenticity of the document, such as a forged employment certificate or a certificate of income tax withholding, Defendant B’s damage compensation is reduced by taking account of such negligence on the part of the victim.
It is not permissible to assert that a person who intentionally committed a tort by taking advantage of the victim’s care would have reduced his/her own responsibility on the ground of the victim’s care immediately (see, e.g., Supreme Court Decisions 97Da17452, Sept. 5, 1997; 2012Da30892, Aug. 17, 2012). Therefore, it is not permissible to assert that Defendant B, who conspired to commit a criminal act by taking advantage of the victim’s care of the Plaintiff or the Industrial Bank of Korea, has reduced his/her own responsibility on the ground of the Plaintiff’s or the Industrial Bank of Korea’s negligence.
Defendant B’s above assertion is without merit.
B. Defendant B does not have any profit from the involvement in the instant crime.
Although Defendant C’s assertion to the effect that the circumstances, such as Defendant C’s repeated participation in the same as a result of reducing the damages for Defendant B’s damage, are also the grounds for such reduction, there is no evidence to acknowledge the aforementioned assertion, and such circumstances do not constitute grounds for individually reducing the liability of only one of the civil joint tortfeasors.
In addition, Defendant B deposited three million won in the future of the Industrial Bank of Korea in a criminal trial, on the ground that the damages of this case are reduced.