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(영문) 의정부지방법원 2019.11.05 2019가단102604

손해배상(기)

Text

1. The Defendants’ respective Plaintiff KRW 171,792,465 per annum from July 1, 2017 to November 5, 2019, respectively.

Reasons

1. Basic facts

A. The Defendants, by deceiving the Plaintiff, obtained KRW 163,00,000 on September 15, 2014, and obtained KRW 32,000,000 on October 2, 2014, by deceiving the Plaintiff, and acquired KRW 195,00,000 in total.

B. The Defendants’ conviction on the above criminal facts became final and conclusive.

(Defendant C: District Court Decision 2016Ra1321 Decided February 3, 2017, Defendant B: The appeal of the above judgment and the District Court Decision 2017No452 Decided July 3, 2017). 【Ground for Recognition: the fact that there is no dispute

2. According to the above facts of recognition as to the cause of the claim, unless there are special circumstances, the Defendants are obliged to pay each Plaintiff the above fraud amount of KRW 195,00,000 and interest for delay.

3. The Defendant’s assertion and the judgment Defendants deposited KRW 50 million for the Plaintiff on June 30, 2017, which was pending in the appellate trial of the said criminal trial, does not conflict between the parties.

If so, the above KRW 50 million was first appropriated for the interest of KRW 195,00,00 for 103 days from October 2, 2014 to June 30, 2017 (==195,00,000 x 0.05 x 1003/365 x 1005 x 1003/365; hereinafter the same shall apply) and the remainder of KRW 23,207,535 (=50,000 - 26,792,465 - 26,795 - 195,000,000 - 23,23,535).

Ultimately, the Defendants are obligated to pay to each Plaintiff interest or delay damages calculated at the rate of 5% per annum under the Civil Act from July 1, 2017, which is the day following the deposit date, to November 5, 2019, which is the date of the judgment of this case, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

4. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as there is no ground.