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(영문) 서울고등법원 2014.07.09 2014나3926

손해배상

Text

1. Appeal against the instant principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant, the appointed party) and the designated party.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "In the case of this case, the church and the members" in Section 8, Section 14, Section 8, Section 15, Section 8, Section 8, "AR", Section 16, Section 5, "AR", Section 13, Section 13, Section 21, Section 19, "the amount of consolation money", and Section 19, Section 21, Section 19, "if any, the plaintiff et al. to each defendant-Counterclaim plaintiff (the plaintiff et al.) shall be deemed to be "the church and the members of the church", "the plaintiff et al.", and Section 8, Section 15, Section 8, "AR", "AAR", and Section 16, Section 13, Section 21, Section 19," and Section 19, "if any, the plaintiff et al. shall be deemed to be joint tortfeasor and the defendant-Counterclaim (the plaintiff).

[Additional Determination Matters] 2] On the other hand, the plaintiff et al. asserts that it is unfair to hold the liability for damages as a joint tortfeasor solely on the ground that he et al. is the members of the U church, but he does not hear the opinions of those who are stationed in V or third parties in another place.

In the case of joint tort under Article 760 of the Civil Act which causes damage to another person jointly, there is no need for mutual recognition as well as joint tort among actors. However, if the joint tort is objectively involved, it is sufficient if the joint tort is involved, and the liability for damages is established as a result of the occurrence of damages by the joint tort. In the case of joint tort, aiding and abetting refers to all direct and indirect acts which facilitate the tort, and the interpretation of the Civil Act which considers negligence as a matter of principle with the intention of compensating for damages unlike the Criminal Act is possible. In this case, the content of negligence is a tort.