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(영문) 수원지방법원안산지원 2016.03.11 2015가단111068
손해배상(기)
Text

1. The Defendants jointly share KRW 35,340,00 with respect to the Plaintiff and Defendant B with respect thereto, from January 9, 2012 to September 11, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) In operating the “D gas station”, the Plaintiff asked E to purchase a smokeless gasoline 20,000 liter in Jan. 2012, and E sent the Plaintiff’s order to Defendant B. 2) During that time, the Defendants conspired to obtain the above gasoline order from the Plaintiff and obtain the oil price from the Plaintiff, and deceiving the Plaintiff via E to supply a smokeless gasoline 20,000 liter immediately when transferring the oil price to Defendant B’s employee F account.

3) Accordingly, on January 9, 2012, the Plaintiff remitted the oil price of KRW 35,340,000 to the Defendant B to the F account. The Defendants did not supply the said gasoline by withdrawing the oil price. The Plaintiff filed a criminal complaint against Defendant B on the charge of fraud, and the prosecutor of the Incheon District Prosecutors’ Office affiliated with the public prosecutor’s office acknowledged the Defendants’ fraud and prosecuted the Defendants on July 22, 2015, on the grounds that the Defendants conspired to receive the oil price from the Plaintiff during the investigation, and it was revealed that the Defendants conspired to receive the oil price from the Plaintiff.

On December 23, 2015, the above court found Defendant B guilty of charges against the Defendants, and imposed Defendant C in six months of imprisonment, and Defendant C in eight months of imprisonment, respectively.

(A) A claim against Defendant B (Article 150(3) and (1) of the Civil Procedure Act). (A) The Defendants appealed as the Incheon District Court 2016No124 and are still pending in the appellate trial). [The grounds for recognition] Claim against Defendant B: The fact that there is no dispute, Gap’s evidence Nos. 1 through 5, Eul’s evidence Nos. 1 and 2, and the purport of the entire pleadings.

B. According to the above facts of determination, the Defendants, a joint tortfeasor, jointly committed to the Plaintiff, together with KRW 35,340,000 as damages equivalent to the above oil price, and Defendant B, from January 9, 2012, the date of service of a copy of the complaint of this case against the above Defendant, until September 11, 2015, and Defendant C, as the date of service of a copy of the complaint of this case against the said Defendant.

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