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(영문) 서울고등법원 2015.12.17 2015나2031450

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for a dismissal or addition as follows, and thus, it shall be quoted in accordance with the main sentence of Article 420

[Supplementary part] Defendant C’s “Co-Defendant C” is changed to “Co-Defendant C of the first instance trial,” “Defendant D” to “Co-Defendant D of the first instance trial,” and “Defendants” to “Co-Defendant C and D of the first instance trial,” respectively.

8 The following shall be added to 3 pages:

“A. On July 6, 2015, the Chuncheon District Court rendered a decision to commence rehabilitation procedures pursuant to 2015 Gohap507 against Defendant A. However, on October 22, 2015, Defendant A again filed an application for rehabilitation proceedings on November 4, 2015, following the decision to discontinue rehabilitation procedures on October 22, 2015.” The eight-party (8-party 7 to 10-party 7) part of the 8-party claim (8-party 7 to 10-party 2) are as follows.

Inasmuch as the Defendants, the joint tortfeasors, are also exempt from all the principal and interest of the judgment rendered by the Plaintiff in full in accordance with the judgment of damages, the Defendants shall jointly and severally pay to the Plaintiff the principal and interest of the judgment amounting to 3,613,671,99, equivalent to 1,626,152,39 won, which corresponds to 45% of the Defendants’ share of the principal and interest of the judgment, and damages for delay from the day following the date of payment deposit, as follows.

The Defendants asserted to the effect that, inasmuch as other employees of the Plaintiff, other than J, engaged in the bid price of the instant standing timber and the instant restriction on participation in bidding, the part on the liability of other employees’ tort should also be considered in calculating the burden of internal liability. However, the evidence submitted by the Defendants alone is insufficient to recognize that other employees of the Plaintiff, other than J, were awarded the instant standing timber at a low price or participated in the instant restriction on participation in bidding, and there is no other evidence to acknowledge this otherwise (the foregoing other employees are this case).