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(영문) 서울중앙지방법원 2018.09.18 2018가단5031838
구상금
Text

1. The Defendants jointly share KRW 186,450,00 with respect to the Plaintiff and KRW 5% per annum from February 1, 2018 to April 11, 2018.

Reasons

Attached Form

The facts of the cause of the claim shall be deemed to have been led by the Defendants pursuant to Article 150(3) and (1) of the Civil Procedure Act among the Plaintiff, Defendant B, C, D, and F. The said Defendants may be deemed to have led to the confession, and the facts of the claim may be acknowledged either in dispute between the Plaintiff, Defendant A, and E, or in full view of the overall purport of

According to the above facts of recognition, the defendants are jointly and severally liable for damages to Han Bank Co., Ltd. which is the victim, and the plaintiff acquired damages to the defendants of the above bank in accordance with the legal principles of subrogation of the insurer. Thus, barring any special circumstance, the defendants are jointly liable to pay to the plaintiff 186,450,000 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from February 1, 2018 to April 11, 2018, the date of delivery of the plaintiff's insurance money to the defendants, and from the next day to the date of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

Defendant A asserts to the effect that the degree of participation in the crime and the gains actually acquired are not large, and Defendant E also claims to seek a preference as much as possible, but such circumstance does not constitute a justifiable ground for the reduction of or exemption from the Defendants’ liability for damages.

The plaintiff's claim against the defendants is justified and accepted.

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