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(영문) 서울중앙지방법원 2018.06.14 2017나75462
손해배상(기)
Text

1. Of the judgment of the first instance court, KRW 7,727,576 against the Plaintiff and its related thereto, from April 19, 2018 to June 14, 2018.

Reasons

1. Facts of recognition;

A. On April 17, 2012, the Defendant, in collusion with B, C, D, E, and F, by deceiving Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) in the name of G by submitting a written confirmation of insurance premium payment, insurance qualification acquisition certificate, etc. under the name of the president of the National Health Insurance Corporation for G forged G, and obtained a loan of KRW 10,00,000 in the name of G.

B. On January 31, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor in Seoul Eastern District Court 2012No1233, and the said conviction was finalized around that time.

C. The Solomon Savings Bank was declared bankrupt on April 20, 2013 by Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the trustee in bankruptcy.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to compensate the plaintiff for damages equivalent to KRW 10,000,000 which he acquired through deceitmon savings from Solomon Savings Bank as a joint tortfeasor.

B. As to this, the defendant asserts that he is liable for damages only within the extent of one of the joint tortfeasors, but the joint tort does not individually seek damages from each of the tortfeasors, but held the tortfeasors liable for the joint tort. The scope of liability for damages caused by the joint tort is determined by comprehensively evaluating all of the tortfeasors in relation to the victim, and each tortfeasor bears the responsibility for the total amount of damages (see, e.g., Supreme Court Decision 2003Da66066, Nov. 10, 2005). The defendant's above assertion is without merit.

C. Meanwhile, according to the statements in Gap evidence 6 and Eul evidence 3, the plaintiff is in the above criminal case.

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