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(영문) 인천지방법원 2020.12.09 2019나72529
손해배상(기)
Text

1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendants.

Reasons

1. The main grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence submitted in this court.

Therefore, the reasoning of the judgment of the court of first instance is as follows. The defendants added the following "2. Additional Judgment" to the argument that the court of first instance serves as the reason for appeal, and thus, it is identical to the ground of the judgment of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each “Defendant G” of not more than 3rd part is deemed to be “Codefendant G of the first instance trial,” each “Defendant H” of not more than 4th part is to be “Codefendant H of the first instance trial,” “Defendant K” to “Codefendant of the first instance trial,” and each “Defendant J” to “Codefendant G of the first instance trial,” respectively.

Each “Defendant G andJ” of the 1st, 7, 11, 12, and 17 shall be considered as “Defendant G and Defendant M” respectively.

Defendant 1 in Part 6 of the first instance trial “Defendant 1” shall be deemed to be “Co-Defendant G of the first instance trial.”

The “Defendant G, M” in Part VII shall be deemed to be “Defendant G, Defendant M” in the first instance trial.

Each “Defendant” of not more than 7th page 20 shall be read as “Codefendants of the first instance trial and the Defendants,” respectively.

Defendant I in Part 16 of the 9th page “Defendant I” shall be deemed to be “Co-Defendant I of the first instance trial.”

Part 9 of the first 18 judgment "date of pronouncement of this judgment" shall be "date of pronouncement of the first instance judgment".

2. Additional determination

A. The Defendants’ grounds of appeal did not constitute a joint tort on the grounds that Defendant M did not take part in the tort against Co-Defendant G of the first instance trial and the Plaintiff students of J. Therefore, joint tort is not established.

In particular, since the plaintiff did not designate the defendant M as the perpetrator, it is unreasonable to recognize the defendants' liability for damages against the plaintiff D and the plaintiff E and F, their parents.

Even if the act of the defendant M is committed against the co-defendant G and J in the first instance trial.

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