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(영문) 서울중앙지방법원 2016.07.05 2016가단5010790
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff with regard to KRW 166,894,38 and KRW 166,798,708 among them, from October 7, 2015.

Reasons

A. The Plaintiff asserted as the grounds for the claim as shown in the Attachment. Such facts are either not disputed between the parties, or are recognized in full view of the purport of the entire pleadings in the entries in the evidence Nos. 1 to 14.

According to this, the Defendants, the joint tortfeasor, are jointly liable to pay damages incurred to the Plaintiff due to the tort as above (=166,798,708 won in the remaining subrogation amount + 95,680 won in the legal procedure costs + 166,798,708 won in the remaining subrogation amount claimed by the Plaintiff) from October 7, 2015 to May 26, 2016 for Defendant A, the delivery date of the complaint from October 7, 2015 (the date the Plaintiff seeks as a result of subrogation payment) to the Plaintiff, the five percent per annum under the Civil Act for Defendant B, until March 12, 2016, and damages for delay calculated at the rate of 15 percent per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment.

B. Defendant B asserts to the effect that it is unreasonable to hold Defendant B liable for the whole damages suffered by the Plaintiff even if his degree of participation is unhulled.

In the case of joint tort, even though the degree of participation is minor perpetrator, there is a liability to compensate for the whole amount of damages, and the intentional tortfeasor cannot assert comparative negligence.

(See Supreme Court Decision 2000Da13900 Decided September 29, 200, etc.). As long as the above defendant is held liable for a joint tort, the above assertion is without merit to further examine.

C. The plaintiff's claim against the defendants is justified, and all of them are accepted.

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