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(영문) 의정부지방법원고양지원 2019.11.29 2019가단72973
손해배상(기)
Text

1. Defendant C shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from June 3, 2016 to the date of full payment.

Reasons

1. Determination as to the plaintiff's claim against the defendant B, and the main claim against the defendant C

A. On June 2, 2016, the Plaintiff: (a) conspireded on June 2, 2016, the Defendants, by deceiving the Plaintiff as if they were capable of making reimbursement to Defendant C; (b) committed a joint tort causing the Plaintiff to lend KRW 50 million to Defendant C; and (c) Defendant B assisted and abetted the above tort by Defendant C at least.

Therefore, the defendants should jointly compensate the plaintiff for the above KRW 50 million and damages for delay.

B. It is insufficient to readily conclude that the Defendants committed a joint tort by deceiving the Plaintiff on or around June 2, 2016, solely on the basis of each of the statements in the evidence Nos. 3 through 7, and there is no sufficient evidence to acknowledge otherwise.

Rather, according to the statement in Eul evidence No. 1 (including the paper number), the plaintiff filed a complaint against the defendants under suspicion of fraud as alleged above, but the prosecutor belonging to the Goyang branch office of the Doyang branch office of the Doyang branch office of the Doyang branch office of the Doyang branch office of the Doyang branch office of the Doyang branch office of July 17, 2019 can only recognize the fact that the defendants

Therefore, the plaintiff's claim for this part is without merit to examine further.

2. Determination as to the conjunctive claim against Defendant C

A. Indication of Claim: The Plaintiff’s loan amounting to KRW 50 million on June 2, 2016 to Defendant C, and the Plaintiff’s claim as agreed within the scope of the Interest Limitation Act

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

3. The plaintiff's claim against the defendant B and the main claim against the defendant C are dismissed, respectively, and the conjunctive claim against the defendant C is accepted.

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