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(영문) 서울남부지방법원 2016.11.04 2016가단224903
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 30,000,000 and KRW 15,000 among them, respectively, shall be from December 2, 2013 to December 15, 200, respectively.

Reasons

1. Facts of recognition;

A. On December 2013, the Defendants conspiredd with the Plaintiff to the effect that “The Plaintiff was a NAD’s Internet gambling game, and the Plaintiff was aware of the game’s plaque, thereby resulting in unconditioned money. The Defendants made a false statement to the effect that they would pay KRW 30 million to KRW 20 to KRW 3 million every day until April 2014, and pay KRW 50 million every day, thereby repaying the previous loan and pay KRW 30 million to KRW 30 million on a temporary basis on April 2014.”

However, the Defendants could not know about the 10 million won out of the money received from the Plaintiff, and there was no intention or ability to repay the money even if they borrowed money from the Plaintiff, since Defendant B was able to use the money to repay the existing debts to Defendant C.

On December 2, 2013, the Plaintiff remitted the total sum of KRW 30 million on December 24, 2013 and KRW 35 million on December 24, 2013 to the Defendant C’s account, following the Defendants’ false remarks.

B. The Defendants were convicted of the above facts constituting the crime.

(Seoul District Court 2015Kadan6421) / [Grounds for recognition] Gap 1 through 4 (including provisional numbers), the purport of the entire pleadings

2. According to the above facts of recognition, as joint tortfeasor, the Defendants are jointly and severally liable to pay damages of KRW 30 million incurred to the Plaintiff and KRW 15 million among them, from December 2, 2013, which is the date of tort, to December 24, 2013, and from December 28, 2013, to September 28, 2016, the date of final delivery of the complaint of each of the instant cases, 5% per annum as stipulated in the Civil Act, from September 28, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. If so, the plaintiff's claim against the defendants of this case against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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