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(영문) 서울중앙지방법원 2016.08.11 2015가단5071088

구상금(구상금 및 손해배상)

Text

1. The Plaintiff:

A. Defendant A’s KRW 42,197,100 as well as 15% per annum from October 27, 201 to November 30, 2012; and

Reasons

The Plaintiff’s assertion is identical to the entries on the Defendants among the grounds for the attached Form and the changed grounds for the claim, and it is not disputed between the parties, or can be recognized by comprehensively considering the overall purport of the pleadings in each entry in the evidence A 1 through 9.

Therefore, Defendant A is liable to pay 15% a year from October 27, 201 to November 30, 201, which is the following day for subrogated payment of KRW 42,197,100, and 15% a year from the following day to November 30, 202; the amount of delay delay damages calculated at the rate of 12% a year from the following day to May 3, 2016, which is the last day of the written application for the purport of the instant claim and the alteration of the cause of the claim; statutory delay damages calculated at the rate of 15% a year from the following day to the day of full payment; Defendant A and the rest of the Defendants, who are joint tortfeasors, are jointly and severally liable with Defendant A to pay the above subrogated payment of KRW 42,197,100; Defendant F, who is the inheritor of each joint tortfeasor, KRW 8,439, Defendant G, HI, H, K, 261% a total of 15% per annum;

In regard to this, Defendant C asserts that the degree of his/her participation in the crime is insignificant, and thus, his/her responsibility should be restricted. However, it is not permissible to claim that a person who intentionally committed a tort by using the victim’s care reduces his/her responsibility on the ground of the victim’s care immediately (see, e.g., Supreme Court Decision 2013Da31137, Apr. 12, 2016). The scope of liability for damages caused by a joint tort is determined by comprehensively evaluating all of the perpetrator’s actions in relation to the victim, and the perpetrator’s compensation amount is the same.