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(영문) 서울북부지방법원 2017.06.14 2016가단43435

구상금

Text

1. The Defendant: (a) KRW 29,00,000, and 5% per annum from December 21, 2016 to June 14, 2017 to the Plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Part of the joint tortfeasors shall be jointly and severally liable in relation to the creditor, but in the case of performance of one or more of his/her own share in an internal relationship, other joint tortfeasors may exercise the right to indemnity in proportion to their share of liability (see, e.g., Supreme Court Decision 96Da50896, Dec. 12, 1997). In the case where there are several joint tortfeasors, unless there are special circumstances, their obligations against the claimant are divided obligations according to their respective share of liability.

(See Supreme Court Decision 201Da52727 Decided March 15, 2012). Since the joint tortfeasor against C is the Plaintiff, the Defendant, and D3, 1/3 of the amount of reimbursement shall be borne by himself/herself, and 1/3 of the amount of reimbursement may be claimed by 1/3 to the Defendant and 1/3 to D.

Of the plaintiff's claim, the part exceeding 29,000,000 won (=87,000,000 x 1/3) which can be claimed to the defendant is dismissed.