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서울중앙지방법원 2017.09.20 2017가단5073972
손해배상(기)
Text

1. The Defendants jointly share KRW 55,808,837 with the Plaintiff, and 5% per annum from January 8, 2015 to August 15, 2017.

Reasons

1. Claim against the defendant A;

A. The facts in the separate sheet on the grounds of the claim do not conflict between the Plaintiff and the Defendant, or can be acknowledged by comprehensively taking into account the overall purport of the pleadings, as the facts in the separate sheet on the grounds of the claim in the separate sheet Nos. 1 through 16, Defendant A is jointly and severally liable with Defendant B to compensate the Plaintiff for the damages

Therefore, Defendant A, jointly with Defendant B, has the obligation to pay the Plaintiff the amount of KRW 55,808,837, and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 8, 2015 to August 15, 2017, which is the date following the date of the payment by subrogation, to the date of the final delivery of the copy of the complaint in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of payment

B. Defendant A’s assertion asserts that the scope of his responsibility should be limited since the role he shared was limited and received only KRW 23 million out of the loans he acquired through deception, and the payment of interest was made to the NH Nonghyup Bank, and the scope of his responsibility should be limited.

However, asking for joint tort liability does not seek any damage from each individual act of the perpetrator, but rather seek the liability for the tort jointly committed by the perpetrator. As such, the scope of liability for joint tort liability shall be determined by comprehensively evaluating all the acts of the tortfeasor in relation to the victim. The amount of liability for damages shall be borne by each tortfeasor, and even if the degree of liability for the tortfeasor's tort is minor compared to the other tortfeasor, the scope of liability for the tortfeasor cannot be limited to part of the amount of compensation as set forth above in relation to the victim.

(see, e.g., Supreme Court Decision 2012Da30892, Aug. 17, 2012). In addition, the Defendants are liable.