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(영문) 서울중앙지방법원 2017.03.21 2016가단129705
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 21,00,000 and Defendant B with respect thereto from November 12, 2016, and Defendant C with respect thereto.

Reasons

1. Facts of recognition;

A. The Defendants’ act of fraud and the Plaintiff’s compensation Defendants committed an act of fraud with D around September 2009, and the Plaintiff’s compensation Defendants had been engaged in mediating the designated passenger cars without going through lawful procedures for the transfer of ownership.

D Upon the arrest of the police, the Defendants expressed that D would dispose of the IMW vehicles that requested the maintenance of the Plaintiff’s automobile maintenance body.

On September 5, 2009, the Defendants stated that the borrower D was to recover the said vehicle from the Plaintiff and received the said vehicle from the Plaintiff.

On November 4, 2009, the Plaintiff paid KRW 36 million to D as compensation for the above vehicle price.

B. The judgment of conviction and the judgment of the Defendants against the Defendants were indicted as a crime of fraud (Seoul Central District Court 2016Da1835), and the Defendant C deposited KRW 15 million with the Plaintiff on October 10, 2016 as the agreement amount of the said criminal case.

The Defendants were convicted in the above case.

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. The Plaintiff suffered damages of KRW 36 million by the Defendants’ fraudulent act, and deposited KRW 15 million by Defendant C.

The Defendants are jointly and severally liable to pay to the Plaintiff the balance of damages KRW 21 million (=36 million-15 million) and damages for delay calculated at the rate of 15% per annum from the day following the delivery date of a copy of the complaint of this case to the day of complete payment, as the Plaintiff seeks.

(Service Date of Copy of Complaint; November 11, 2016; November 10, 2016)

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