손해배상(기)
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
1. The reasons for the court's explanation concerning this case are as follows: "0.61913286% of the "0.6193286%" in Part 9, Part 3 and Part 5 of the judgment of the court of first instance; "0.61913286% of the "0.3286%" shall be deleted; the defendant's additional evidence submitted in the court of first instance, which is insufficient to recognize the defendant's assertion, shall be rejected; and the defendant's additional statement concerning the defendant's assertion in the court of first instance is as stated in the part of the reasons for the judgment of the court of first instance, and this shall be cited as it is, as it is, in addition,
2. Additional matters to be determined
A. 1) As to the principal lawsuit, the Defendant asserts that the Defendant is not liable for damages on the ground that the Defendant aided and abetted the Plaintiff to commit a tort, since the Defendant did not participate in the conspiracy of a criminal act in breach of trust with C or the act in breach of trust with C, as well as the Defendant did not know of the act in breach of trust with C.
B) Aiding and abetting in a joint tort refers to all direct and indirect acts that facilitate a tort, and the interpretation of the Civil Act, unlike the Criminal Act, which is based on the same as the negligence, in principle, for the purpose of compensating for damages, is able to assist by negligence. In such a case, the content of negligence refers to a violation of this duty on the premise that there is a duty of care not to assist in a tort (see, e.g., Supreme Court).
0.see, e.g., Supreme Court Decision 2011Da72011, supra. In addition, the standard for the existence of negligence, which is the premise of the obligation to compensate for damages due to a tort, and the severity of such negligence, is not determined by the specific circumstances with respect to the individual, but by the standard for the degree of caution, which can be a general general person, must be the standard, and the general person above is not an abstract general person, but is engaged in such duties and duties.