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(영문) 서울동부지방법원 2015.05.29 2014나7300

손해배상(기)

Text

1. Of the judgment of the first instance court, KRW 7,350,000 against the Plaintiff and its related thereto from February 6, 2014 to May 29, 2015.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding column of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination

A. In the case of joint tort under Article 760 of the Civil Code, several persons who are jointly liable for damages to another person, as well as the conspiracy among actors, but the joint tort is established if the joint act is objectively related to the joint act, and as a result, damage is caused by the pertinent joint act.

Joint tort refers to all direct and indirect acts that facilitate tort, and the interpretation of the Civil Act, unlike the Criminal Act, which recognizes negligence as a matter of principle for the purpose of compensating for damages, is able to assist by negligence. In such cases, the content of negligence refers to a breach of this duty on the premise that there is a duty of care not to assist a tort.

(2) According to the above facts, the defendant's act of aiding and abetting the plaintiff and abetting the plaintiff to commit a tort by offering false information and making it easy for the plaintiff to obtain the purchase price, without properly inquiring about whether the land is owned by the non-party company, whether the non-party company can transfer the land ownership to the plaintiff without any problem, whether the land purchased by the plaintiff is worth real investment, etc., and whether the land is worth real investment.