The method of calculating the amount of compensation for the damage sustained by a person who has sustained a loss due to a joint tort by at least two persons;

In cases where two or more persons who joined the same group due to joint tort have suffered damage, there are certain portions of joint tort liability among joint tortfeasors, but they are not jointly and severally liable in relation to the victim. Therefore, in calculating the amount of compensation for damages suffered by the same person, the joint tortfeasor should first determine the amount of compensation to be paid to the same person by taking into account the reduction ratio due to the participation in the same group.

Articles 393, 424, 760, and 763 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Plaintiff (Law Firm Newcheon, Attorney Kim Jong-hwan, Counsel for the plaintiff-appellant)

Mez Fire Insurance Co., Ltd. (Law Firm Vindication, Attorneys Jeon Jae-in et al., Counsel for the plaintiff-appellant)

Korea Commercial Insurance Co., Ltd.

Gwangju District Court Decision 2012Na4141 Decided September 7, 2012

The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below found the following facts: (i) the vehicle driven by Nonparty 1 and the vehicle driven by Nonparty 2 were collisioned by the two drivers’ joint negligence; (ii) the Plaintiff’s mother as the deceased’s mother; and (iii) the Defendant is the insurer of the above Nonparty 1’s vehicle; and (iv) the deceased and Nonparty 2, as the head of the accident at the time of the accident, are the insurer of the above Nonparty 1’s accident; and (v) the deceased and Nonparty 2, at the time of the accident, were at the time of the accident, at the time of the accident, at the time of the accident, at the time of the accident, the above accident occurred; and (v) in light of the purpose of the vehicle operation, the personal relationship between the deceased and Nonparty 2, and the deceased, the personal relationship between the deceased and Nonparty 2, and the deceased’s situation of the deceased, it is unreasonable in light of the principle of good faith or equity to impose liability on Nonparty 2 due to the deceased’s death.

2. However, it is difficult to accept the above determination by the court below for the following reasons.

In cases where two or more persons who joined the same group due to joint tort have suffered damage, there are certain portions of joint tort liability among joint tortfeasors, but they are not jointly and severally liable in relation to the victim. Therefore, in calculating the amount of compensation for damages suffered by the same person, the joint tortfeasor should first determine the amount of compensation to be paid to the same person by taking into account the reduction rate due to the participation in the act of each subparagraph.

In light of the above legal principles, in calculating the amount of damages to be borne by Nonparty 2 and Nonparty 1, the joint tortfeasor related to the death of the deceased in this case, the two persons should first be jointly and severally liable in consideration of the reduction rate due to the deceased’s failure in the operation of the deceased, and as a natural result, the above limitation of liability applies not only to Nonparty 2, the driver of the same vehicle, but also to Nonparty 1, the driver of the other vehicle, and the defendant, the insurer.

Nevertheless, the court below determined that the limitation of liability due to the hono-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-young (Presiding Justice)