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(영문) 광주지방법원 2020.06.25 2019가단533562
손해배상(기)
Text

1. The Defendants jointly share KRW 95,99,041 with respect to the Plaintiff and Defendant B Co., Ltd. on October 2019.

Reasons

1. Facts of recognition;

A. Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. The Defendant C falsely stated that, even if the Plaintiff’s credit card was used, Defendant C did not have the intent or ability to pay the credit card price, it would be paid in full to the Plaintiff via D and E, that, if the Defendant Company borrowed a credit card, it would be paid in full after the first payment of the tax with the relevant credit card, and would pay the fee calculated according to the period of use and amount.

C. The Plaintiff, as above, sent his credit card to the Defendant Company.

Defendant C and the Defendant Company paid the Plaintiff’s credit card amounting to KRW 119,509,220,00 with the Plaintiff’s credit card, but only KRW 23,510,179 among them was settled, and the Plaintiff suffered losses incurred by the Plaintiff to pay the remaining KRW 95,99,041 with the credit card amount.

The plaintiff filed a complaint against the defendant C in fraud, and the prosecutor of the Gwangju District Prosecutors' Office prosecuted the defendant C on January 17, 2020.

(No. 60924. [Grounds for Recognition] of the Gwangju District Prosecutors' Office, 2019, 60924. [No. 60924], entry of Gap evidence 1 through 5, and the purport of the whole pleadings

2. According to the above facts of recognition, Defendant C has a duty to compensate for damages sustained by the Plaintiff due to the tort, as the amount equivalent to the credit card payment liability by deceiving the Plaintiff, and the representative director of the company has a duty to compensate for damages incurred by a third party due to the tort in the course of performing his/her duties (Articles 389(3) and 210 of the Commercial Act), and the representative director and the company are jointly and severally liable to compensate for the damages incurred by the Defendant C in collaboration with the Defendant C (Article 389(3).

Therefore, the Defendants jointly provide that the Defendants shall jointly serve the Plaintiff KRW 95,99,041 and that shall be subject to the special law on the promotion of litigation, etc. from the day following the delivery of a copy of the complaint against the Defendants until the day of complete payment.

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