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1. The Defendants jointly share the Plaintiff KRW 78,157,186 and KRW 76,779,872 among them, from January 12, 2016 to November 22, 2018.
Reasons
1. Judgment made by deemed confessions as to the claim against Defendant A (Articles 208(3)2 and 150(3) of the Civil Procedure Act);
2. According to the evidence Nos. 1 and 13 of the judgment as to the claim against Defendant B, the facts as to the grounds for the claim are acknowledged. As such, Defendant B is jointly with Defendant A and is liable to pay the purport of the claim to the Plaintiff as compensation for damages caused by a tort.
Defendant B asserts that not only he deposited KRW 18 million in a criminal case, but also Defendant B is not obligated to pay the amount stated in the claim in consideration of the degree of his participation.
However, the amount of the plaintiff's claim is already calculated by reflecting the deposit of KRW 18 million. The joint tort liability is not individually seeking damages for each tortfeasor's act, but for each tortfeasor's joint tort liability. As such, the scope of liability for damages caused by joint tort is determined by evaluating in relation to each tortfeasor's act as a whole all of the tortfeasor's act in relation to the victim, and the amount of compensation is fully responsible for the tortfeasor's total amount. Even though the degree of liability for damages is minor compared to other tortfeasor's act, the scope of the tortfeasor's liability cannot be recognized by limiting in relation to the victim's act as part of the amount of compensation as above.
(See Supreme Court Decision 2000Da13900 delivered on September 29, 200, etc.). Accordingly, Defendant B’s above assertion is rejected.
3. In conclusion, each claim against the Defendants by the Plaintiff is justified and all of them are accepted. It is so decided as per Disposition.