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(영문) 서울중앙지방법원 2019.08.23 2019가단5022978
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 54,009,927 and KRW 53,791,110 among them, from November 10, 2015 to May 1, 2019.

Reasons

1. The facts of recognition are as shown in the annexed sheet of claim;

[Ground of recognition] Defendant A: (a) Defendant C: (b) the judgment of confession by public notice (Article 208(3)2 of the Civil Procedure Act): Defendant B: each of the statements and the purport of the entire pleadings as to the evidence provided by Articles 1 through 18 of the Civil Procedure Act (Article 208(3)3 of the Civil Procedure Act); and (c) the entire purport of oral proceedings (a) the fact that a criminal judgment already became final and conclusive on the same factual basis is a valuable evidence, and thus, it is difficult to adopt a criminal trial decision in light of other evidence submitted in the civil trial unless there are special circumstances where it is deemed difficult to adopt a criminal trial decision in light of other evidence (see Supreme Court Decision 97Da24276, Sept. 30, 1997). In full view of the above evidence, the facts that Defendant B and C conspired with Defendant A and obtained a loan by fraud as stated in the above cause of claim, and the judgment became final and conclusive (Article 208(3)3).

2. In conclusion, the Defendants are jointly obligated to pay to the Plaintiff KRW 54,09,927 and KRW 53,791,110, whichever is the date of the final payment of the deposit, 5% per annum as prescribed by the Civil Act from November 10, 2015 to May 31, 2019, which is the date of the final service of the copy of the complaint of this case, and 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

The plaintiff's claim against the defendants against the defendants shall be accepted on the ground of the reasons.

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