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(영문) 서울중앙지방법원 2018.09.10 2017가단5101136

손해배상(기)

Text

1. The Plaintiff:

A. As to KRW 84,39,529 and KRW 83,679,070 among the Defendants A and KRW 83,679,070 from March 3, 2016 to December 16, 2017

Reasons

In full view of the overall purport of the pleadings in Gap evidence Nos. 1 through 19 (including the paper number), the facts as stated in the separate sheet “the cause of claim” and “the changed cause of claim” can be recognized.

Therefore, with respect to the Plaintiff’s guaranteed liability amount (83,679,070 won) and finalized damages (660,459 won) totaling 84,339,529 won and 83,679,070 won, Defendant A, who is a joint tortfeasor, shall pay 8% interest rate per annum from March 3, 2016 to December 16, 2017, which is the delivery date of a copy of the complaint of this case, and 15% interest per annum from March 15, 2017, which is the delivery date of a copy of the complaint of this case, to December 16, 2017; Defendant B, jointly with Defendant A, who is a joint tortfeasor, is liable to pay 84,091,856 won per annum from the above amount to 83,679,070 won per annum of the guaranteed liability amount paid by the Plaintiff; Defendant B, a joint tortfeasor, from March 1, 2016 to 307.

Defendant B, during the criminal trial, asserted that Defendant B should deduct the amount of KRW 6.9 million deposited by Defendant B for the Victim Korean Bank Co., Ltd., but since the amount claimed by the Plaintiff is the remainder of the amount that has already been appropriated for payment of the above amount of KRW 6.9 million, Defendant B’s above assertion cannot be accepted.

The plaintiff's claims against the defendants are accepted in entirety.