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(영문) 서울중앙지방법원 2015.11.12 2015가단5092382

구상금

Text

1. The Plaintiff:

A. As to KRW 46,369,787 and KRW 46,018,631 among Defendant A, Defendant A, from April 22, 2011 to November 30, 2012.

Reasons

1. As to the facts alleged in the reasons for the separate claim, there is no dispute between the Plaintiff, the Defendant A, C, E, F, and G, and the Plaintiff, the Defendant B, and D may be recognized in full view of the overall purport of the pleadings in each of the entries in the evidence No. 1 to No. 7.

2. Determination:

A. According to the above facts, Defendant A is obligated to pay the amount of subrogation, finalized damages, and delay damages to the Plaintiff in accordance with the Housing Finance Credit Guarantee Agreement, and the remaining Defendants jointly committed a tort and caused the Plaintiff to pay the amount of subrogation. Thus, barring any special circumstance, the above Defendants are liable to pay damages due to the tort to the Plaintiff.

B. Defendant E and G participated in illegal loans, but did not actively participate in a simple act as planned or led by Defendant B who led the crime. In return for the participation in the crime, the amount received by Defendant E is limited to KRW 1,00,000, and the amount received by Defendant G is limited to KRW 2,500,000, and the amount received by Defendant G is limited to KRW 2,500,000, and if the employees of the Korean bank, who took charge of the loan, were able to know that it would be based on a false lease agreement, he/she erred by failing to take into account the negligence of the Korean bank, so his/her liability for damages should be limited.

If a person who has intentionally committed an illegal act by taking advantage of the victim's care makes a claim to reduce his/her responsibility on the ground of the victim's care, it shall not be permitted.

Joint tort liability is not individually seeking damages from each individual act of the perpetrator, but to enforce the liability for the joint tort jointly committed by the perpetrator.

Therefore, the scope of liability for damages caused by joint tort is assessed as a whole in relation to the victim.