beta
(영문) 서울고등법원 2009.06.18 2008나61037

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Preliminary claim that the Plaintiff added at the trial.

Reasons

1. The reasoning of the court's explanation as to this case is as follows, except for the plaintiff's determination on the claim for damages arising from a joint tort which was conjunctively added by the court of first instance at the court of first instance, and the reasoning of the judgment is as stated in the reasoning of the court of first instance. Thus, pursuant to the main sentence of Article 420 of the Civil Procedure Act, the part of the judgment of the court of first instance excluding the part as to Hanland Co., Ltd. (hereinafter "Iland")

2. Whether liability for damages arising from joint tort has been established;

A. The summary of the Plaintiff’s assertion was in collusion with Grandland to open a passage leading to the instant commercial building and the D/C joints, set up the bench plaza to bring it into the instant commercial building. Such false advertisements constitute deception, and thus, the Defendants are liable for damages incurred to the Plaintiff who entered into the instant sales contract due to the aforementioned false advertisements.

B. (1) In the event that: (a) the mere exaggeration or falsity is accompanied in the advertisement of the product is not sufficient to the extent possible in light of the general commercial practice and the good faith principle; (b) the specific facts about the material facts in the transaction are falsely notified in a manner to the extent to be criticized in light of the duty of good faith and good faith, it constitutes deception.

(See Supreme Court Decision 2007Da44194 Decided October 23, 2008, etc.). Meanwhile, in the case of joint tort under Article 760 of the Civil Act, several persons jointly inflict damages on others, the joint tort does not require either mutual conspiracy among actors, nor joint perception. However, if the collaborative act is objectively jointly related, it is sufficient if the collaborative act is jointly related, and is liable for damages arising from the pertinent joint act.