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(영문) 서울중앙지방법원 2015.09.10 2015가단5063124
구상금 등 청구의 소
Text

1. The Plaintiff:

A. As to KRW 46,243,826 and KRW 45,879,823 among Defendant A, Defendant A, from February 4, 2012 to November 30, 2012.

Reasons

1. Determination as to the claim against Defendant A and B

(a) Indication of claims: It is as shown in the attached Form;

[Reasons for Recognition: Each entry of Gap evidence 1 to 6, the purport of the whole pleadings]

B. Defendant B asserts that the negligence should be offset in consideration of the Plaintiff’s negligence, since Defendant A merely aided and abetted the Plaintiff in the instant tort.

It is not permissible to assert that a person who intentionally committed a tort by taking advantage of the victim's care immediately reduces his/her liability on the ground of the victim's negligence against the good faith principle (see, e.g., Supreme Court Decision 2011Da21143, Jul. 14, 2011). In light of the degree of the defendant's participation and role, etc., it is reasonable to deem that the defendant B intentionally committed the tort of this case. Thus, the above defendant's assertion is without merit.

2. Although the Plaintiff is also liable to Defendant C as a joint tortfeasor, the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the Plaintiff’s allegation in this part is without merit.

3. The plaintiff's claim against the defendant A and B is accepted on the ground of the reason, and the claim against the defendant C is dismissed on the ground of the reason.

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