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(영문) 서울중앙지방법원 2016.06.23 2015가단5390659
구상금등
Text

1. The Plaintiff:

A. As to KRW 87,286,09 and KRW 87,094,142 among Defendant A, Defendant A, from February 28, 2014 to August 31, 2015.

Reasons

The plaintiff's assertion is as shown in the attached Form, which is not in dispute between the parties, or can be recognized by considering the whole purport of the pleading in each entry of Gap 1 through 13.

Therefore, Defendant A is jointly and severally liable with Defendant A, who is a joint tortfeasor, to pay damages for delay calculated at the rate of 12% per annum from February 28, 2014 to August 31, 2015, the date of subrogation for the remainder of KRW 87,286,09,09, plus the amount of damages for delay fixed at 87,09,14,142, which is the date of payment for the remainder of the subrogated payment; damages for delay calculated at the rate of 8% per annum from the following day to March 31, 2016, which is the date of service of the complaint of this case; damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment; damages for delay calculated at the rate of 87,094,142, which is the date of subrogation; and damages for delay calculated at the rate of 15% per annum from February 28, 2014.

In regard to this, Defendant B asserted that the Plaintiff’s damage caused by the Defendants’ fraud has partly affected the Plaintiff’s negligence in its occurrence and expansion, and that the degree of the Plaintiff’s participation in the commission of one’s own crime is insignificant, and thus, its liability should be limited in consideration of such circumstances. However, it is not permissible for a person who intentionally committed a tort by using the victim’s care to claim for the reduction of his/her liability on the ground of the victim’s negligence (see, e.g., Supreme Court Decision 2013Da31137, Apr. 12, 2016). The scope of liability for joint tort liability shall be determined by comprehensively assessing all of the perpetrator’s actions in relation to the victim, and each tortfeasor shall be liable for the total amount of compensation.

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