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(영문) 서울중앙지방법원 2016.08.05 2015가단5337672
구상금 등 청구
Text

1. The Plaintiff:

A. Defendant A’s KRW 66,853,660 as well as 12% per annum from May 15, 2014 to August 31, 2015.

Reasons

Attached Form

The facts of the cause of the claim are as follows: (a) confession is made between the Plaintiff, Defendant A, and Defendant C (Article 150(3) of the Civil Procedure Act); and (b) recognition is made according to the respective descriptions of evidence No. 1-6 between the Plaintiff and Defendant B.

Therefore, the Defendants are obligated to pay the money indicated in the text to the Plaintiff, except in extenuating circumstances.

As to this, Defendant B asserts to the effect that the criminal act related to the instant loan was already subject to criminal punishment, and that the money that Defendant B received as a result of the preparation of a false lease contract was only KRW 3,00,000,000, and that the said Defendant’s liability should be limited.

However, criminal liability and civil liability are separate, and the scope of liability for damages caused by joint tort is determined by comprehensively evaluating all acts of the perpetrator in relation to the victim. The amount of compensation for damages shall be borne by each tortfeasor, and even if the degree of the tortfeasor's processing of the tort is minor compared to other tortfeasors, the scope of the tortfeasor's liability shall not be limited to part of the amount of compensation determined as above in relation to the victim.

(See Supreme Court Decision 2006Da16550 Decided December 27, 2007, etc.). Defendant B’s assertion on the limitation of liability is rejected.

The plaintiff's claim is fully accepted.

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