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(영문) 서울동부지방법원 2015.04.30 2014가단30453
손해배상(기)
Text

1. The Defendants jointly share KRW 80,000,000 with respect thereto to the Plaintiff, and against Defendant A, from May 6, 2012.

Reasons

1. Facts of recognition;

A. The Defendants and C representative director D, Inc. (hereinafter “C”), around April 5, 2012, provide the Plaintiff’s employee with the claim to return the lease deposit amount of KRW 50 million as security against the lessor F, as to the 208 Do 1304, Guro-gu Seoul, Seoul E-building, as to the 1304 Do 1304, and Defendant B provided the lease deposit amount of KRW 60,000,000,000,000 as to the H and the 2nd floor between the lessor and the lessor as security. The Plaintiff provided the Plaintiff with the claim to return the lease deposit amount of KRW 39% per annum and the due date for repayment.

7.4. D and the Defendants jointly and severally guaranteed C’s above loan obligation to the Plaintiff.

However, in fact, other creditors against Defendant A seized the claim for the refund of the above lease deposit by Defendant A around June 201 and the lessor F deposited the entire claim for the refund of the above lease deposit in around 2011, and at the time of providing the above security, there was no value as security. The above lease contract granted by Defendant B was forged in the name of lessor G, and the actual lease contract between Defendant B and Defendant B was a monthly rent contract of five million won.

Accordingly, the Defendants and D conspired to deceive the employees of the Plaintiff and defrauded KRW 100 million from the Plaintiff.

B. The Plaintiff received reimbursement of KRW 20 million from C around May 6, 2012.

[Ground of recognition] The fact that there is no dispute, Gap 1-7, and the purport of the whole pleading

2. The parties' assertion

A. The Defendants were to be jointly and severally liable to compensate the Plaintiff, since they intentionally deceiving the Plaintiff and suffered damages of KRW 80 million.

B. Defendant A was declared bankrupt on October 24, 2013 at the Suwon District Court and was granted immunity on February 5, 2015.

3. Determination

A. According to the above facts, the Defendants jointly and severally liable for a joint tort amounting to KRW 80,000,000 and the Plaintiff as a joint and several liability after the date of tort.

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