The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

It is not permissible for a person who intentionally committed a tort by taking advantage of the victim’s care to claim a reduction of his/her liability on the ground of the victim’s negligence. However, this is because, in cases where such intentional tort constitutes an acquisition act, if the restriction on liability such as offsetting negligence is recognized, the perpetrator would ultimately possess profits arising from the tort and bring about a result contrary to the principle of equity or good faith. Therefore, even in cases of intentional tort, if the aforementioned result is not caused, it is possible to limit liability based on the principle of comparative negligence or the principle of equity.

(see, e.g., Supreme Court Decision 2006Da16758, 16765, Oct. 25, 2007). In addition, in a case where certain of the tortfeasors allow the assertion of comparative negligence, there are grounds contrary to the good faith principle, and the same does not mean that other tortfeasors without such grounds cannot make any assertion of comparative negligence.

(2) The court below’s determination of facts and the ratio of comparative negligence in a claim for damages caused by tort constitutes an exclusive right of a fact-finding court, unless it is deemed that it is considerably unreasonable in light of the principle of equity, to the extent that the determination of facts and the ratio of comparative negligence in a claim for damages caused by tort constitutes an exclusive right of a fact-finding court.

(See Supreme Court Decision 2005Da34377 Decided January 26, 2007, etc.). The court below held that the Defendant is liable to compensate the Plaintiff for damages on the ground of joint tort in collusion with D, H, even though the Defendant did not have cultivated crops and is not entitled to receive compensation, on the ground that the Defendant received total amount of KRW 62,865,950 from the Plaintiff by submitting to the Plaintiff the certificate of personal seal impression, resident registration abstract, farmland ledger, copy of passbook, etc. under the name of the Defendant, and that the Plaintiff is also liable to compensate the Plaintiff on the ground of joint tort.