(영문) 서울고등법원 2019.08.21 2018나2074847

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.08.21 2018나2074847

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance, citing this case, is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications, thereby citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Revision] Part] Part II of the first instance court's decision is "(No. 2017Na22591)" to "(No. 2017Na22591 of the same court; No. 2017Na22591 of the same court; hereinafter the first instance court and the appellate court's appeal)."

The second judgment of the court of first instance was final and conclusive, and subsequent to the "the final and conclusive judgment of the court of first instance" (hereinafter referred to as "the final and conclusive judgment of the court of appeal") is added.

On the third side of the judgment of the first instance court, the phrase “each entry of the evidence Nos. 1- 3” in the third part of the judgment of the first instance shall be read as “each entry of the evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply).”

From 5th to 6th to 5th to 5th to 5th to 5th to 6th to 7th to 7th to 7th to

"A joint tortfeasor. The defendant's joint tortfeasor's liability for indemnity is jointly and severally liable in relation to the creditor. A certain portion of the joint tortfeasor's liability is jointly and severally liable in relation to the creditor. The portion of the joint tortfeasor's liability is determined according to the degree of negligence of the joint tortfeasor. When one of the joint tortfeasor has paid more than one of his/her own liability and has obtained joint immunity, he/she may exercise the right to indemnity against the other joint tortfeasor according to the ratio of the portion of liability (see, e.g., Supreme Court Decision 2000Da69712, Sept. 24, 2002).

Therefore, the defendant shall, unless there are special circumstances to the plaintiff, share the above internal shares.

참조조문

-민사소송법 제420조

유사 판례

-서울중앙지방법원 2018.08.17 2018나15368

-대법원 2017.04.27 2016다260950

-대법원 2000. 8. 22. 선고 2000다29028 판결

-인천지방법원 2017.10.26 2017나56677

-서울동부지방법원 2017.08.23 2016가단145724