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1. Defendant B shall pay to the Plaintiff KRW 396,80,000 and the interest rate of KRW 15% per annum from May 5, 2018 to the date of full payment.
Reasons
1. Claim against the defendant B
A. During the period from June 27, 2014 to January 15, 2017, the Plaintiff borrowed KRW 357,500,000 to Defendant B by remitting money to Defendant B’s deposit account in the name of Defendant C, a partner of the Plaintiff. ② From July 19, 2014 to February 29, 2017, the Plaintiff lent KRW 39,300,000 by either directly or through D or via E to the Defendant B’s account. As such, Defendant B is obligated to pay the Plaintiff the amount of KRW 396,80,000 and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 5, 2018 to the date following the delivery of a copy of the complaint of this case.
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;
2. Claim against Defendant C
A. The summary of the Plaintiff’s assertion is that Defendant C is a holder of a deposit account used by Defendant B to receive loans from the Plaintiff from the Plaintiff’s partner.
Defendant B received 357,500,000 won from June 27, 2014 to January 15, 2017 in a deposit account under the name of Defendant C while Defendant B was unable to sufficiently anticipate that Defendant B would be able to use the principal’s deposit account for an unlawful purpose, but Defendant C took part in Defendant B’s tort and facilitate Defendant B’s tort by providing the principal’s deposit account to Defendant B. The above act by Defendant C constituted aiding and abetting by negligence.
Therefore, as a joint tortfeasor, Defendant C bears the obligation to pay 357,500,000 won and damages for delay to the Plaintiff with compensation for damages caused by the tort.
B. Article 760(3) of the Civil Act provides that an aiding and abetting a tort shall be deemed a joint tortfeasor and imposes joint tort liability on the aiding and abetting person.
Aid and assistance is easy to commit a tort.