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(영문) 대법원 2016.09.08 2016다22844
손해배상(기)
Text

1. The judgment of the court of first instance is reversed, and the judgment is modified as follows.

The Defendants are jointly and severally liable for the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Article 3(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”) provides that the provisions of paragraph (1) shall not apply to a case where it is deemed reasonable for an obligor to dispute the existence or scope of the obligation until the judgment of a fact-finding court declaring the existence of the obligation is rendered. Here, when it is deemed reasonable for the obligor to dispute the existence or scope of the obligation, it shall be interpreted that the obligor’s assertion is reasonable to dispute over the existence or scope of the obligation. The first instance judgment accepting the Plaintiff’s claim is accepted by the Defendant’s appeal and the judgment against the Plaintiff was handed down before the return of the appeal. Accordingly, in a case where the judgment accepting the Plaintiff’s claim as stated in the first instance judgment prior to the return of the appeal by the Plaintiff was reversed and the judgment accepting the Plaintiff’s claim as stated in the judgment of the first instance court after the return of the appeal by the Plaintiff, it should be deemed that there was a reasonable ground for the Defendant to dispute the existence or scope of the obligation until the judgment is reversed.

(2) According to the records, the court of first instance, while recognizing the Defendants’ liability for damages, limits the amount of damages suffered by the Defendants to 40% of the damages sustained by the Plaintiffs. The Defendants jointly and severally paid KRW 50,928,30 to the Plaintiff KFFFFFFF insurance company, and KRW 248,06,66,691 to the Plaintiff Special Post Office Pension Service and KRW 248,06,691 to each of them, and KRW 5% per annum as prescribed by the Civil Act from September 29, 2011 to February 7, 2013, which is the date the judgment of first instance is rendered from September 29, 2011.

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