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(영문) 서울동부지방법원 2016.06.21 2015가단45308
부당이득금
Text

1. Defendant C shall pay to the Plaintiff KRW 60 million and the interest rate of KRW 15 percent per annum from December 28, 2015 to the date of full payment.

Reasons

1. Determination as to Defendant C

(a) Indication of claims: as shown in the Attached Form “Cause of Claim”;

(Claims for Compensation for Damages Caused by Hosing Illegal Acts). (b)

Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to Defendant B and D

A. On May 13, 2015, the Plaintiff asserted that: (a) transferred KRW 30 million to the corporate bank account in the name of Defendant B, designated by E, in relation to the so-called “Singing” crime by proxy; (b) KRW 25 million to the bank account in the name of Defendant C; and (c) KRW 60 million to the national bank account in the name of Defendant D; and (d) million to the national bank account in the name of Defendant C.

The Defendants: (a) conspired to commit the commission of the act of acting as a joint tortfeasor under Article 760 of the Civil Act; or (b) aiding and abetting the commission of the act of acting as a joint tortfeasor under the name of the Defendants by lending the passbook, etc. under the name of the Defendants to E, etc.; (c)

B. Article 760(3) of the Civil Act provides that an aiding and abetting a tort shall be deemed a joint tortfeasor and the aiding and abetting person shall be held liable for a joint tort.

Assistance refers to all direct and indirect acts that facilitate tort. Aiding and abetting by negligence is possible in the area of civil law in which negligence is the same as that of an intentional act, in principle, for the purpose of compensating for damages. In this case, the content of negligence refers to a violation of the duty of care on the premise that there is a duty of care not to assist a tort.

However, in order to hold another person liable for joint tort as an negligent aiding and abetting, a proximate causal relation should be acknowledged between aiding and abetting act and the occurrence of damage by the victim by the tort, and when determining whether a proximate causal relation exists, the predictability of the circumstances that facilitate the tort caused by the negligence and the negligent act.

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