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(영문) 서울중앙지방법원 2018.10.10 2018가단5032343
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 108,805,536 and KRW 107,853,284 among them, from January 20, 2016 to June 2018.

Reasons

Attached Form

The facts of the cause of the claim are either not disputed between the Plaintiff and the Defendant C, or acknowledged by adding the whole purport of the pleadings to each entry in the evidence Nos. 1 through 8. The Plaintiff and the remaining Defendants are deemed to have led to the confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.

According to the above facts of recognition, as joint tortfeasor, the Defendants are jointly obligated to pay the Plaintiff damages amounting to KRW 108,805,536 and KRW 107,853,284, whichever is the date of payment of the Plaintiff’s deposit, 5% per annum prescribed by the Civil Act from January 20, 2016 to June 4, 2018, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

Defendant C asserts to the effect that Defendant G, a joint tortfeasor, repaid the amount of KRW 30 million out of the said amount of damage.

In addition to the purport of the entire argument in Gap evidence No. 8, Defendant G deposited the deposited amount of KRW 27 million as the Plaintiff on July 8, 2016, and the Plaintiff is deemed to have received the deposited amount, but the Plaintiff claims as the instant lawsuit the remainder after deducting the aforementioned KRW 27 million, out of the damages incurred by the Defendants’ tort, and thus, Defendant C’s above assertion is rejected.

Thus, the plaintiff's claim of this case is accepted on the grounds of all.

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