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(영문) 수원지방법원 2020.07.03 2019나77866
손해배상(기)
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court's judgment is identical to the reasoning of the judgment of the court of first instance other than the part partially changed as set forth in the following 2. Thus, it is acceptable in accordance with the main sentence of Article 420 of the

2.In the part of the decision of the court below to be modified, the 1st and 5th to 7th shall be deleted and the following changes shall be made:

Article 760 of the Civil Code, which causes damage to other persons jointly, shall be sufficient if there is an objective common perception as well as a conspiracy among the actors, and if there is an objective common relation with the collaborative act. Article 760 (3) of the same Code provides that an aided person or aided person shall be deemed a collaborative act, thereby establishing a joint tort. Article 760 (3) imposes liability on an aided person as a joint tortfeasor by stipulating that an aided person or aided person shall be deemed a joint tortfeasor. This includes not only cases by an act but also cases where an act of direct or indirect action that enables or facilitate a tort is committed, but also cases where an omission that a person obligated to act does not take all the measures to prevent it makes it possible or facilitate the act of a tort. In such cases, aiding and abetting such a tort shall be able to assist and abetting by negligence. The content of negligence refers to a violation of this duty under the premise that the aided person has a duty of care not to assist a tort.

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