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(영문) 광주지방법원 2018.07.13 2017나60580
손해배상(자)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, except for the following additional determination as to the assertion emphasized by the defendant Daehan Co., Ltd. in this court, and thus, the reasoning of the judgment of the court of first instance citing this case is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. The supplemental judgment of the defendant corporation asserts that the liability for damages should be recognized only within the scope of the negligence of the defendant corporation, excluding the negligence portion of the defendant corporation and the defendant corporation, as the joint tortfeasor.

However, Article 760(1) of the Civil Act provides that "if several persons inflict damages on another person as a joint tort, they shall be jointly liable for such damages." Since joint tort liability does not seek damages on each of the tortfeasor's acts individually against each of the tortfeasor's acts, but imposes liability on each of the tortfeasor's joint tort, the scope of liability for damages caused by joint tort shall be determined by comprehensively assessing and assessing all of the tortfeasor's acts in relation to the victim's acts, and the amount of compensation shall be borne by each tortfeasor's own responsibility for the whole amount. Even though the degree of liability of the tortfeasor's tort is minor compared to the other tortfeasor, the scope of liability of the tortfeasor's in relation to the victim cannot be limited to part of the amount

In light of the above laws and legal principles, where each joint tortfeasor is held liable for the full amount of damages in order to promote the adequate protection of the victim, the Defendants, the joint tortfeasor, and the joint tortfeasor and the joint tortfeasor, the joint tortfeasor, are deemed to be the joint tortfeasor.

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