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(영문) 인천지방법원 2021.01.15 2019가합60867
손해배상(기)
Text

Defendant V, 405,00,000 won to Plaintiff A, 458,810,000 won to Plaintiff B, 170,000,000 won to Plaintiff C, and 70.

Reasons

1. Determination on the claim against Defendant V

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

(b) Judgment by publication service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant W and X

A. The summary of the plaintiffs' assertion 1) The defendant W directly and indirectly participated in the business of the defendant V, such as the father of the defendant V, and the attached cause of the claim, and the defendant V used his account to the defendant V, thereby obtaining investment money and loans from the plaintiffs.

2) Defendant X was the spouse of Defendant V, as indicated in the attached form of claim, and had the Plaintiffs gain the trust of the Plaintiffs by showing that Defendant X was to substitute meals with the Plaintiff’s office to hear, or manage the employees at the workplace of Defendant V, and by putting Defendant V and their relatives over their re-performances, and led the Plaintiffs to make investments and loans to Defendant V.

In addition, Defendant X, despite being aware that Defendant V was in an excessive state of debt, allowed Defendant V to use the mobile phone opened under his name, and allowed Defendant V to conduct a business by registering his business in his name. Defendant V had Defendant V use his own account, thereby obtaining investment money and loans from the Plaintiff.

3) As seen above, Defendant W and X conspired with Defendant V, by deceiving the Plaintiff’s investment funds and loans, or by aiding and abetting Defendant V, while being aware of the excessive debts of Defendant V at least, by deceiving the Plaintiff’s investment funds and loans from the Plaintiff. As a joint illegal actor, Defendant V is liable to pay compensation for damages described in the purport of the claim to the Plaintiffs jointly with Defendant V.

B. 1) Article 760(3) of the Civil Act regards aider and abetting a tort as a joint tortfeasor and imposes joint liability on aider and abetting person.

Assistance refers to any direct or indirect act that facilitates a tort, which is the compensation for damages.

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