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(영문) 대전지방법원 2020.12.03 2020나100848

손해배상

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the first instance court concerning the instant case is that the part of the judgment of the first instance except for the Plaintiff’s submission of “2.b. claim for reimbursement” in the judgment of the first instance to include the judgment on the allegations emphasized or added in the trial, and that part of the judgment of the first instance is the same as that of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article

The third-party 16 to fourth-party 16 of the first instance judgment shall be followed as follows.

B. 1) The plaintiff's assertion that the construction of this case was subcontracted by the plaintiff to the contractor who has been awarded a subcontract for the construction of this case by the plaintiff, and the defendant is responsible for the construction of this case entirely with the relation with the plaintiff, and the defendant is liable for damages with his own Dong F who had no experience in construction work, and the defendant did not fulfill his duty to take safety measures even though at the time of the accident. Therefore, the plaintiff's liability with respect to the accident of this case is higher than 50% because the plaintiff's liability with respect to the rate of liability between the plaintiff, the defendant, and D cannot exceed 50%, and the defendant is exempted from the defendant's liability with respect to the accident of this case, so the defendant is liable for the damages. 2) The judgment of the joint tortfeasor has a joint and several liability with respect to the creditor, or with respect to the internal relation with the joint tortfeasor, the part of this liability is determined according to the degree of negligence of the joint tortfeasor, and if one of the joint tortfeasor has paid the part of this liability to the other joint tortfeasor 2982.