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(영문) 창원지방법원거창지원 2015.11.19 2015가합23
손해배상(기)
Text

1. The Defendants jointly share to the Plaintiffs each amount of KRW 53,859,352 and each of the above amounts. From February 10, 2015 to November 1, 2015.

Reasons

1. Facts of recognition;

A. The plaintiffs are the successors of the deceased as parents of the deceased E (hereinafter “the deceased”), and the Defendants are the senior ship of the deceased’s high school.

B. The Defendants were indicted for committing the following crimes and were sentenced to imprisonment with prison labor for four years for Defendant C and two years and six months for Defendant D, respectively, at the first instance court on September 3, 2014:

(2) The Defendants appealed against this, but the appeal was dismissed on November 13, 2014 (the Changwon District Court 2014No2028), and the judgment became final and conclusive around that time.

1) Around July 14, 2013, the Defendants conspired with the Defendants to make a false statement to the Deceased that “I will take out a guarantee after the 45th day of each week from the 45th day,” thereby deceiving the Deceased, and then, around July 15, 2013, the Defendants acquired a joint and several surety by having the Deceased take out a total of nine million won from three lending companies by having Defendant C take out a joint and several surety.

B) Around July 16, 2013, the Defendants conspired with the Defendants to threaten the deceased by taking advantage of the fact that it was known as a spawn ship to the ex post facto distribution. Around July 17, 2013, the Defendants received a loan of KRW 50,500,000 in total from the lending company’s name from the deceased, and received a total of KRW 8,05,00 from the lending company (hereinafter “instant attack”).

). 다) 폭력행위등처벌에관한법률위반(공동폭행) 피고들은 2013. 9. 말경 망인이 대출금을 해결해주지 않으면 신고하겠다고 말하였다는 이유로 피고 D은 “신고해서 나까지 피해올 경우 내 눈깔에 띠면 쥑이삔다. 신고만 해봐라. 가만 안 둔다.”라고 말을 하면서 망인에게 라이터를 1회 던지고, 피고 C은 오른발로 망인의 몸통 부분을 1회 참으로써 공동하여 망인을 폭행하였다.

2) Defendant C’s intimidation (a sole criminal conduct of Defendant C) from the Deceased on August 2013.

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