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(영문) 서울고등법원 2019.01.16 2018나2040769
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 10,00,000 pertaining to telephone communications between Plaintiff A and Defendant E on December 12, 2016.

Reasons

1. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance (attached Form 1 or 5), except for the following modifications, and therefore, it shall accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Revision] The last 5th sentence of the first instance court’s judgment “ June 20, 2017.” is deemed as “ June 28, 2017.”

From 6th to 8th of the judgment of the first instance court, the first-class 6th to 11th of the judgment are as follows.

“2) Whether Defendant F and E’s joint tort liability is established or not, under Article 760(3) of the Civil Act, Article 760(3) of the relevant legal doctrine imposes liability on an aided person or an aided person as joint tortfeasor. The aiding and abetting person refers to all direct and indirect acts that facilitate a tort. It includes not only cases by commission, but also cases where omission that facilitates the commission of a tortfeasor due to which a person obligated to act did not take various measures to prevent it.

In this context, the duty to act is a legal duty, so it does not include a simple moral or religious duty, but so long as the duty to act is not a legal duty, the basis of the duty to act is not the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law and the law of the law of the law of the law and the law of the law of the law of the law of the law and the case where

However, the duty to act under the principle of good faith or social rules or sound reasoning is to protect the legal interests of the other party and to prevent infringement on the other party or to control and manage risk factors which may cause damage to the other party due to the existence of a special fiduciary relationship due to the contractual relationship, etc., or to manage and supervise the other party's act.

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