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(영문) 서울중앙지방법원 2017.02.09 2016가단5045833
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A’s KRW 65,937,399 and KRW 65,904,609 among them shall be as follows: (a) from April 26, 2014 to August 31, 2015.

Reasons

1. Determination as to claims against Defendant A, B, C, D, E, F, and G

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

(b) Defendant A, D, F, or G of the applicable provisions of Acts: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant H

A. Of the facts indicated in the grounds of the claim in the separate sheet, as to the following facts: (a) whether Defendant H conspireds with the other co-defendants of this case; and (b) as to the remainder of the facts other than whether payment has been made, it may be acknowledged by adding the whole purport of the pleadings to the statement in the separate sheet Nos. 1 through 15 (including the number of branches), or not.

B. 1) Joint tort under the Civil Act is established when multiple acts objectively related to each other cause damage to another, and it does not require not only a conspiracy among actors, but also a common intent or a common perception among the actors (see, e.g., Supreme Court Decision 2013Da31137, Apr. 12, 2016). According to the above facts of recognition, Defendant H is a corporation I (hereinafter “Nonindicted Company”).

(2) Although Defendant A was not working for the above company as the representative director, Defendant A prepared documents related to employment, such as false certificate of employment, as if he were working for the above company from January 2, 2013, and the above documents related to employment are as follows: Defendant C and other co-defendants of this case, Co-Defendant C, Ltd., Ltd. (hereinafter “Nonindicted Bank”).

) In the National Housing Fund Loan (the money was used to obtain money as a guarantee for workers’ rent).

Defendant H has a duty not to prepare documents related to employment, such as false certificate of employment, as the representative director of the non-party company, and when preparing false documents related to employment, Defendant H may have a potential to abuse such documents as above, but has violated the above duty.

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