손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the
2. Parts to be dried;
A. The part of “(see, e.g., Supreme Court Decision 2007Do9250, Mar. 27, 2008)” (see, 2008; Supreme Court Decision 2007Do9250, Mar. 27, 2008; Supreme Court Decision 2015Da13386, Feb. 18, 2016) is written by the first instance court.
B. The part of “in light of the foregoing legal principles and the overall circumstances of the evidence submitted by the Defendants up to the trial and the arguments” in Part 7 of the 7th judgment of the court of first instance was stated as follows.
(c)The following shall be added between the third and fourth sentence of the first instance court:
As to this, the Defendants asserted to the effect that Defendant B made a decision on most of the main affairs including the accounting affairs of Defendant D, and Defendant C merely played an auxiliary role to assist Defendant B’s operation, and that Defendant C cannot be deemed liable for joint and several liability with respect to Defendant B as joint and several liability for damages. In addition, joint and several liability under the Civil Act is established if two or more persons who are objectively related joint and several acts cause damage to others, and it does not necessarily require any common intent or common recognition among the actors. In addition, such joint act may be recognized as a joint and several liability for damages as well as a joint and several liability for damages (see, e.g., Supreme Court Decisions 201Da2181, May 8, 2001; 201Da313137, Apr. 12, 2016).