logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.10.12 2017다234880
양수금
Text

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

Reasons

The grounds of appeal are examined.

1. The principle of free evaluation of evidence declared by Article 202 of the Civil Procedure Act means that it does not need to be linked to the formal and legal rules of evidence, and does not allow a judge’s arbitrary judgment. The fact finding shall be in accordance with logical and empirical rules based on the principle of justice and equity, based on the admissibility of evidence that has undergone lawful examination of evidence, and the fact finding shall not go beyond the bounds of the fact finding, even if it falls under the exclusive authority of the fact-finding (see, e.g., Supreme Court Decision 2009Da7198, 77204, Apr. 13, 2012). 2. The lower court determined to the following purport on the grounds stated in its reasoning.

The defendant is a person who has manufactured and installed the press machine of this case, and is liable for damages caused by a tort against the victim.

The C Limited Liability Corporation in China (hereinafter referred to as the "C") shall be a manager of the press machine of this case, and shall be liable for damages caused by illegal acts against the victim.

These obligations objectively have the same economic purpose, namely, liability for compensation for the same damages, and as to the overlapping parts, if one of the obligations becomes extinct due to repayment, etc., it is reasonable to set C’s share of liability among the parts jointly and severally liable to the victims, 30%, and 70% of the Defendant’s share of liability, in full view of all the circumstances.

The Plaintiff was transferred by C the claim for reimbursement against the Defendant.

B. The amount of claims for reimbursement claimed by the Plaintiff is specifically the sum of ① the amount of damages 36,800 bills according to the written agreement signed on December 12, 2014 between C and the victim and ② the amount of expenses additionally paid by C to the victims, their families, etc. from July 11, 2012 for medical expenses, transportation expenses, accommodation expenses, etc. as well as 105,346.46 bills.

arrow