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(영문) 서울고등법원 2018.07.04 2017나2035807
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The basic facts;

2. The grounds for this part of the allegations by the parties are as stated in Articles 1 and 20 of the judgment of the court of first instance. Thus, this part of the allegations by the parties are cited under the main sentence of Article 420 of the Civil Procedure Act

3. Determination

(a)the occurrence of the right of indemnity;

B. The scope of the right to indemnity is limited to the reasons for this part, and the reasons for the decision of the court of the first instance are as follows:

(a).

Since it is the same as the statement in a claim, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant's charges are 178,50,000 won (=595,00,000 won x 70%) and the defendant's charges are 178,50,000 won (=595,00,000 won x 30%) are 2-4 of the judgment of the court of first instance.

The 10th page 5 to 10 are as follows.

[3) When calculating the principal and interest of the damage claim against the plaintiff and the defendant arising from the instant accident set forth in C as at May 27, 2016, the scope of the claim for specific indemnity amounting to C is calculated, the sum of KRW 638,628,159 [i] ① the principal and interest of the damage claim against the plaintiff and the defendant during the period of the instant accident set forth in C as at the time of May 27, 2016: (ii) the amount of KRW 164,205,856 from April 15, 2009 to April 22, 2016 [164,205,85, x 467,695,181 x 0.05 x (7/365 days) x 8/365 days)]

Therefore, from among the damages claim amount, the part of the plaintiff's liability based on the negligence ratio between the plaintiff and the defendant is 447,039,711 (=638,628,159) and 70%).

As seen earlier, in order for the joint tortfeasor to exercise the right to indemnity against the other joint tortfeasor, the joint tortfeasor shall pay more than the share of his/her share, and shall also have the other joint tortfeasor obtain the joint immunity.

Ultimately, when calculating the amount of indemnity to be claimed to the defendant due to the above repayment by the plaintiff, 147,960,289 won = 595,00,000 won, which remains after deducting the portion of the Plaintiff’s share of KRW 447,039,711 from the above amount of KRW 595,00,000,000, 447,039.

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