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(영문) 서울중앙지방법원 2019.02.01 2018가단5164332
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 67,281,162 as well as KRW 66,190,643 as to the Plaintiff’s KRW 67,281,162 as well as its KRW 66,190,643 as of July 17, 2015.

Reasons

The defendants are obligated to pay the same amount as that of the attached Form Nos. 1 through 18 (including the paper numbers) in consideration of the overall purport of the arguments.

As to this, Defendant B deposited KRW 8 million in the course of the Daejeon District Court 2016Kadan350 case, it is argued that the above amount should be deducted from the amount of damages. However, considering the overall purport of the pleadings as to the statement No. 17-1 of the evidence No. 17, the above KRW 8 million in consideration of the overall purport of the arguments, the above amount of KRW 8 million in which the Plaintiff did not guarantee the Defendants Co., Ltd. as the deposited money for the compensation of KRW 8 million, which is the amount not guaranteed by the Plaintiff, shall not be deemed as the amount to be deducted from the amount of damages to the Plaintiff.

Therefore, Defendant B’s above assertion is without merit.

In addition, Defendant B argues that comparative negligence should be set off because it was negligent on the part of Defendant B, but it is not permissible to assert that the person who intentionally committed a tort by using the victim’s negligence has reduced his responsibility on the ground of the victim’s negligence. Thus, Defendant B’s above assertion is without merit.

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