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(영문) 서울중앙지방법원 2020.06.24 2018가단5016136
손해배상(기)
Text

1. Defendant A’s year from January 19, 2017 to May 16, 2018, with respect to KRW 66,151,507 among the Plaintiff and KRW 66,151,507.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable legal provisions: Article 208(3)3 of the Civil Procedure Act (Decision by public notice);

(c) Partial dismissal: The portion of a claim for delay exceeding the rate of 12% per annum from June 1, 2019 to June 1, 2019 in accordance with the provisions on statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29678, May 21, 2019, and enforced June 1, 2019)

2. The Plaintiff’s claim against Defendant B alleged as indicated in the grounds for the claim. However, in light of the civil litigation against Defendant B (see Seoul Central District Court Decision 2016Da249313, Nov. 4, 2016; Supreme Court Decision 2016Na77010, Feb. 7, 2020), and the instant criminal litigation related to the instant case (see the Suwon District Court Decision 2019Da4974, Nov. 27, 2019; Supreme Court Decision 2019Da4974, Dec. 27, 2019; Supreme Court Decision 201Da77010, Nov. 27, 2019) with the evidence submitted by the Plaintiff alone, Defendant B conspired to commit the crime of acquiring the instant loan.

The plaintiff's assertion against the defendant B is without merit, since it is insufficient to recognize that the above crime was aided by negligence or at least, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim against the defendant A is accepted within the scope of the above recognition, and the remaining claim against the defendant A and the claim against the defendant B are dismissed as it is without merit.

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