beta
(영문) 춘천지방법원 2019.04.17 2018나52225

구상금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff and the defendant citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance.

The reasoning of this court is that the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except for the addition on six (6) pages of the judgment of the court of first instance as follows, and thus, it is acceptable in accordance with the main sentence of Article

[Defendant asserts that the portion of damages, excluding the principal amount of damages 45,573,547 won paid to I on June 2, 2017, 55,456,139, excluding damages 45,57,547 won, was due to delay in the plaintiff's lawsuit, and thus, cannot be claimed to the Defendant. If one of the joint tortfeasor, who is the joint tortfeasor, actively disputed the damages claim from the victim, but lost the amount acknowledged in the judgment, is jointly discharged by paying the damages as the compensation amount, barring special circumstances, such as an unfair objection, the amount equivalent to the percentage of other joint tortfeasor, as well as the legal interest after the date of joint immunity, and other expenses that cannot be avoided (see, e.g., Supreme Court Decisions 95Da2951, Nov. 29, 196; 2000, 3). The Plaintiff’s assertion that the damages claim against the Defendant, which is one of the joint tortfeasor, can not be acknowledged by reason of the following reasons.