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(영문) 인천지방법원 2020.12.18 2019가합65565
손해배상(기)
Text

Defendant Q’s each of the corresponding money stated in attached Table “request amount” to the Plaintiffs and its corresponding money from December 21, 2019.

Reasons

Judgment as to the claim against Defendant Q

(a) Indication of claims: To be as shown in the reasons for the claims;

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

2. Determination as to the claim against Defendant R

A. The summary of the plaintiffs' assertion 1) The defendants deceivings the plaintiffs as if they did not have intention or ability to jointly purchase as shown in the grounds of claim in the separate sheet, and received all or part of the amount corresponding to the "amount paid" stated in the separate sheet from the plaintiffs, and they did not send all or part of the amount to the plaintiffs. Thus, the plaintiffs suffered damages corresponding to the corresponding amount stated in the "amount claimed" stated in the separate sheet. 2) The defendant R suffered damages in the tort of this case. The defendant R did not know that the tort of this case was committed by the defendant Q, and the defendant R did not know about the tort of the defendant Q. However, the defendant R received total amount of KRW 2,28,231,70 from the defendant Q to November 18, 2019. In light of this, the defendant R was also a joint tortfeasor who participated in the tort of the defendant Q.

3) Accordingly, Defendant R is jointly and severally with Defendant Q Q to pay the Plaintiffs the amount corresponding to the corresponding amount of damages as indicated in the “amount of claim” column in the attached Table. B. In light of the following circumstances acknowledged by Defendant R R to comprehensively take account of the overall purport of each entry and pleading including the virtual numbers, ① on November 20, 2019, when Defendant Q Q was locked, the following: (a) on November 20, 201, when Defendant Q Q Q was locked, Defendant R was not informed of the contents of the said report; (b) on November 21, 2019, “I would have to resolve the problem in order to solve it; and (c) on November 21, 2019, it is difficult for Q Q Q Q Q Q to find out the method of understanding as to how to do so from the standpoint of their people, and (d) it is difficult for Defendant Q Q Q Q Q Q Q to send it in advance.

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