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1. The Plaintiff:
A. Defendant A’s KRW 55,223,210 and for this, KRW 12% per annum from November 3, 2015 to August 31, 2015; and
Reasons
1. As to claims against Defendant A and C
A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.
(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. As to the claim against the defendant B
A. The facts stated in the separate sheet stating “the cause of claim” do not conflict between the parties, or can be acknowledged by comprehensively taking into account the respective entries and the purport of arguments as to Gap’s evidence Nos. 1 through 17. As such, Defendant B, jointly with the remaining Defendants, is liable to pay damages for tort damages calculated at the rate of 55,223,210 won, and 5% per annum as stipulated in the Civil Act, from November 3, 2015 to March 2, 2016, the delivery date of the copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
B. As to Defendant B’s assertion, Defendant B deposited KRW 19 million exceeding the amount of profit distributed due to the illegal acts listed in the “Cause of Claim” (hereinafter “instant illegal acts”), Defendant A and C promised to be held responsible for all of the illegal acts, separate from criminal liability, that Defendant B did not bear civil liability against the Plaintiff.
The scope of liability for damages caused by joint tort is not individually claimed for damages caused by each individual act of the perpetrator, but to pursue liability for the tort jointly committed by the perpetrator. As such, the scope of liability for damages caused by joint tort shall be determined by comprehensively evaluating all acts of the perpetrator in relation to the victim, and the amount of liability for damages shall be borne by each tortfeasor for the whole amount of the amount of compensation. Supreme Court Decisions 2003Da66066 Decided November 10, 2005; 2003Da6666 Decided December 27, 2007.