(영문) 서울고등법원 2019.01.30 2018나2057484

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2019.01.30 2018나2057484

손해배상(기)

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1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, since the part of the judgment of the court of first instance concerning the defendants (Articles 4-2 through 8-6) is identical to the part concerning the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiffs as to the assertion emphasized by this court under paragraph (2) below.

Defendant D Co-Defendant D Co-Defendant D of the first instance trial “A” and “A” Co-Defendant E of the first instance trial “A,” and “A” Co-Defendant E of the first instance trial “A,” respectively.

Part 6 of the first instance court's order to submit each financial transaction information to X cooperatives, Y banks, Z banks, and AA banks of the first instance court, the results of inquiry into the AB regional housing association of the first instance court.

2. Additional determination

A. Defendant G actively solicited the Plaintiffs to make an investment in the instant apartment to receive a loan from Defendant F, and Defendant F also, to receive a loan from Defendant G Co-Defendant E in the first instance trial, by deceiving the Plaintiffs along with Defendant G to enter into a sales contract and let the Plaintiffs enter into a sales contract and receive the amount transferred from the Plaintiffs, so the Defendants are jointly liable to compensate the damages suffered by the Plaintiffs as co-defendants of the first instance trial and joint tortfeasors of the E and E.

B. In order for a joint tort to be established under the relevant legal principles to be established, there is no need for a common opinion among the actors or a joint perception of the act. However, in an objective view, it should be deemed that an intentional or negligent act by each actor was committed jointly, and thus, it should be deemed that there was a common cause for infringement of rights and damages to the victims. Therefore, in order to recognize liability for damages on the ground of a joint tort

참조조문

-민사소송법 제420조

유사 판례

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