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(영문) 전주지방법원군산지원 2016.02.02 2015가단53631
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 22,400,000 and Defendant A with respect thereto from January 20, 2009 to July 7, 2015.

Reasons

1. Determination as to the cause of claim

A. Defendant A was the head of “C” from April 1, 2007, and Defendant B served as a director of D Co., Ltd. around January 2009.

The Defendants, while submitting a business plan to build the C Centers in the following City E and performing construction works, intended to obtain subsidies by deceiving the Plaintiff as if they were employed by the D Co., Ltd., in which Defendant B had been employed as a director at a low price, and the construction cost much higher than the actual construction cost.

The Defendants, even though they performed the above senior citizens' hall construction work in the office of the Dosan-si on January 20, 2009 in the amount of KRW 85,600,000, the total construction cost of KRW 108,000,000 at D Co., Ltd., and directly performed the construction work at D Co., Ltd., by preparing and submitting false construction contract documents, tax invoices, personnel expenses, and construction documents, such as a detailed statement of construction work, etc., in which the costs of the construction work are unsured, deceiving the public officials in charge of the Dosan-si Forest Park and the public officials in charge of the work, thereby deceiving them from January 23, 2009 from the next City

4. 1. 58,00,000 won in total two times, including KRW 108,00,000,000, in total, were issued as Defendant A’s Agricultural Cooperatives passbook, and KRW 85,60,000 among them was used as the above construction cost and acquired the remainder of KRW 22,40,000.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

B. According to the above facts of recognition, as the Plaintiff seeks, the Defendants calculated 22,400,000 won as damages for tort damages to the Plaintiff, and as the Plaintiff seeks, the amount calculated at the rate of 5% per annum as prescribed by the Civil Act from January 20, 2009, to July 7, 2015, the delivery date of a copy of the complaint of this case, from July 8, 2015, from July 8, 2015 to September 30, 2015, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from October 1, 2015 to the day of full payment; Defendant B, from January 20, 2009, the delivery date of a copy of the complaint of this case, to October 31, 2015, respectively.

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