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(영문) 수원지방법원 안산지원 2017.03.22 2016가단12243
손해배상
Text

1. The Defendants: (a) from February 2, 2012 to August 31, 2016, each of the Plaintiff KRW 70,000,00, and the Defendants’ respective of the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1-4, the Defendants, as a joint tortfeasor, deceiving the Plaintiff, a construction business operator, as if they were to contract for the removal of the F and seven parcels of Seodaemun-gu Seoul Metropolitan Government (13, 1375 square meters) around January 201, and that the Defendants, as a joint tortfeasor, wired the Plaintiff with the money of KRW 150 million from the Plaintiff on February 1, 2012 in return, can be recognized. Thus, the Defendants, as joint tortfeasor, are liable to pay the Plaintiff KRW 150 million in compensation for damages caused by the tort.

However, the Plaintiff is a person who has been returned KRW 80 million from Defendant D to the Plaintiff. As such, the Defendants are obligated to pay each of the Plaintiff the damages for the tort amounting to KRW 70 million (=150 million-80 million) and the damages for delay calculated annually by 15 percent per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the Plaintiff seeks after the date of tort (Defendant B: August 31, 2016; Defendant C: (Defendant C: October 8, 2016; Defendant D: June 23, 2016; Defendant E: June 22, 2016) from February 2, 2012 to the date of delivery of the copy of the complaint of this case (the damages for delay calculated by 15 percent per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).

Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.

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