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(영문) 인천지방법원 2015.11.04 2014가단200922
손해배상(기)
Text

1. Defendant B’s KRW 60,000,000 as well as 20% per annum from February 4, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: It is as shown in the attached Form;

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

C. Pursuant to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective October 1, 2015) and Article 2(2) of the Addenda of the same Act, the part of the Plaintiff’s claim for payment of delay damages exceeding the rate of 15% per annum from October 1, 2015, among the Plaintiff’s claim, is dismissed.

2. Determination as to the claim against Defendant C and D (former trade name: E; hereinafter “D”)

A. On August 2013, the Plaintiff asserted that the Plaintiff was released from Defendant B, and entered into a sales contract with F Co., Ltd. (hereinafter “F”) to purchase the special equipment (including GM-450 vehicles (including gM-450 vehicles) and hereinafter “instant vehicle”) that F purchases from Defendant D for KRW 177 million (hereinafter “instant sales contract”).

The Plaintiff provided the Plaintiff’s passbook and password to be used for the refund of value-added tax to F, on the ground that the Plaintiff received a loan from her Capital, and the remainder shall be paid after receiving a refund of value-added tax.

However, Defendant B, the actual manager of the F, obtained a loan from us Capital under the pretext of down payment of the instant vehicle in the future of Plaintiff F, and returned KRW 60 million paid to Defendant D as the passbook in the name of the Plaintiff, and acquired its pecuniary benefits.

Meanwhile, Defendant D is the actual employer of Defendant C, and Defendant C took part in the above illegal acts and committed an illegal act against the Plaintiff. As such, Defendant C is liable for damages against the Plaintiff in accordance with Article 750 of the Civil Act, and Defendant D is liable for damages against the Plaintiff in accordance with Article 756 of the Civil Act.

In addition, Defendant D shall be the instant vehicle between F and F.

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