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(영문) 서울북부지방법원 2020.02.13 2018가합23852
손해배상(기)
Text

1. Defendant B’s KRW 167,319,070 for the Plaintiff and 5% per annum from January 18, 2018 to December 5, 2018.

Reasons

1. Determination as to Defendant B

A. Defendant B is obligated to pay 5% per annum from January 18, 2016 to January 17, 2018 to KRW 137,319,070 on the pretext that it is necessary to enter into a contract for a screen shooting range from around November 18, 2016 to operate the screen shooting range. Accordingly, Defendant B, as compensation for damages or unjust enrichment, is obligated to pay the Plaintiff 137,319,070 won per annum from January 18, 2018 to the date of delivery of a copy of the complaint of this case, and 12% per annum from the next day to the date of full payment. (2) Notwithstanding the absence of the ability and intent to repay on or around April 17, 2017, Defendant B concluded a lease contract for the Seoul DD building, which is a fire-fighting issue. However, the previous lessor could receive deposit from the Plaintiff 300,000,000 won by deceiving the previous lessor to the Plaintiff.

Therefore, Defendant B is obligated to pay the Plaintiff damages or unjust enrichment for tort with 5% per annum from January 18, 2018 to the date of delivery of a copy of the complaint of this case from January 18, 2018 to the date of full payment, and damages for delay calculated by 12% per annum from the following day to the date of full payment.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to Defendant C

A. The following facts are acknowledged in light of the facts without dispute over recognition, Gap evidence Nos. 4, 6, and Eul evidence Nos. 1-3 (including each number), and the purport of the whole pleadings.

1. On September 20, 2018, Defendant B is working as an employee of the mobile phone agency operated by Defendant C at the Seoul Central District Court, and is working as an employee of the mobile phone agency operated by Defendant C.

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