(영문) 서울동부지방법원 2018.02.02 2017가합102059

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(영문) 서울동부지방법원 2018.02.02 2017가합102059

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 18, 2016, the Defendants conspired to acquire E’s property through the process that the Defendants embezzled the Plaintiff’s funds in the course of seeking a merger and acquisition with the Plaintiff, and that they came to know of the fact during the suspended execution period under criminal punishment at the time of the Defendant’s attempt. On January 30, 2008, by threatening E and selling the Plaintiff’s stocks owned by Defendant B and C to E at a price much higher than the market price from January 30, 2008 to April 14, 2008, the Defendants were convicted of criminal facts, and the said judgment became final and conclusive as it was through the appellate court and the final appeal.

B. On May 2015, E transferred to the Plaintiff the damage claim against the Defendants arising from the instant attack (hereinafter “damage claim”).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence (including additional number), the purport of whole pleadings

2. The judgment of this Court

A. According to the facts acknowledged in paragraph (1) of the judgment on the ground of the Plaintiff’s claim, the Defendants are jointly and severally liable to pay the Plaintiff the damage claim and the damages incurred therefrom, unless there are special circumstances.

B. As to the defendants' defense of extinctive prescription, Article 766(1) of the Civil Act provides that "a claim for damages caused by a tort shall expire by prescription if the injured party or his/her legal representative fails to exercise it for three years from the date when the injured party or the perpetrator becomes aware of the damage and the identity of the injured party," and "the day when the injured party or the perpetrator becomes aware of the damage and the perpetrator" refers to the time when the injured party actually and specifically recognized the elements of the tort, such as the occurrence of the damage, the existence of the illegal harmful act, and proximate causal relation between the harmful act and the occurrence of the damage (see Supreme Court Decision 200Da2249, Jun. 2

참조조문

-민법 제766조 제1항

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