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(영문) 서울중앙지방법원 2017.09.15 2017나20592
손해배상(자)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is written or added as follows, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the

2. Part 5, page 5, page 17-18 of the first instance judgment, which is written or added, deleted the phrase “the insurer is from or out of the Defendant’s malicious injury insurance,” and deleted.

On the 6th of the judgment of the first instance court, the 3th of the said 6th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 3th of the said 4th of the said 4th of the said 4th of the said 3th of the said 1 to

Part 6 of the judgment of the first instance court shall be 7 in writing with "(1) related legal principles", and the following shall be added between seven and eight.

While criminal liability due to illegal acts imposes liability on an actor for an act in violation of the legal order of society, the content of a public sanction (criminal punishment) against an actor is that civil liability imposes on an actor’s individual responsibility for infringing another’s legal interests, and thus, the compensation system is the guiding principle for the fair and reasonable burden of damages. Therefore, even if an act of infringing a criminal act does not constitute a criminal act, whether it constitutes a tort under the civil law should be examined from a different point of view from criminal liability (see Supreme Court Decision 2006Da6713, Feb. 1, 2008). Article 16-18 of the first instance judgment of the court of first instance (see Supreme Court Decision 2006Da6713, Feb. 1, 2008) provides the following parts.

Therefore, if multiple third parties' actions are likely to be the cause of the damage suffered by the victim and each action is deemed illegal, the damage is caused by any one of them.

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