A. Liability of the joint tortfeasor and the right of reimbursement

(b) Exemption of subcontractors from liability agreements and joint tort liability for any accident that happens during the course of subcontracting work;

A. When the so-called quasi-joint and several liability joint and several liability is so-called quasi-joint and several liability that is liable to compensate for damages therefrom, and the one who committed the joint and several liability pays the whole damages, the joint and several liability may be exercised against the other joint and several liability.

B. In the construction subcontract agreement, the subcontractor and the subcontractor agreed to thoroughly comply with the safety management rules in the process of the subcontracted construction work, and to be held liable for the damages to human life and property that occurred by intention or negligence, the purport of this agreement cannot be deemed to exclude the subcontractor from the liability of liability as the joint tortfeasor of the subcontractor and to hold the subcontractor liable for all the accidents that occur due to the construction work under the subcontract.

(a) Article 760(b) of the Civil Act; Articles 757 and 760 of the Civil Act

A. Supreme Court Decision 70Da2508 delivered on February 9, 1971

Attorney Seo-chul et al., Counsel for the defendant-appellant

1. The case where the court below's decision is delivered to the defendant

Daegu High Court Decision 82Na1449 delivered on December 29, 1982

The judgment below is reversed and the case is remanded to the Daegu High Court.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below held that the plaintiff was not in dispute and the non-party 1, 588-1, Nam-dong 58-dong 58, Nam-dong 1978, with a contract for the second Amar factory extension constructed by the non-party 1, 30-dong 58, and that the non-party 1, the driver of the plaintiff's 4-1763 vehicle's 4:40 on July 2, 1979, the non-party 1, who is the driver of the non-party 4-1763 vehicle, should be held liable for damages caused by the non-party 1's failure to perform the construction work at the site of the above steel industry, and that the non-party 1, who was responsible for damages caused by the non-party 1's failure to perform the construction work at the site of the above steel industry, should not perform the construction work at the site of the above steel industry, and at the same time, the non-party 1, who was responsible for damages caused by the non-party 2.

2. Meanwhile, examining the above evidence of the court below in light of the records, in the subcontract of this case between the plaintiff and the defendant, the contractor shall execute the construction work in accordance with the design drawings and specifications directed by the plaintiff company, which is the contractor, and the plaintiff company shall provide or use equipment and facilities necessary for the construction work until the completion of the construction work. In particular, the plaintiff company shall provide electricity facilities to the defendant company, and for the purpose of safety management and supervision of the whole construction work, the non-party 1, who is the employee of the plaintiff company, shall dispatch the non-party 2 to the field management officer to supervise the construction work as a whole. The non-party 1 made a claim for damages against the plaintiff company on the ground of the negligence of the plaintiff company, and the court of first instance ordered the plaintiff and his wife's family members to pay 34,177,567 won in total, and after the court of first instance filed an appeal, the plaintiff shall have agreed to pay 15,000,000 won in advance between the non-party 1 and the defendant company and the defendant company's joint manager.

3. The joint tortfeasor is jointly and severally liable to the victim of the tort in so-called quasi-joint and several liability, and if a joint tortfeasor compensates the whole amount of damages, the joint tortfeasor shall exercise the right to indemnity according to his liability to the other joint tortfeasor. In the construction subcontract agreement of the construction project as stipulated in the evidence No. 11 (Evidence No. 4, the defendant shall thoroughly observe the safety management rules in the process of the subcontracted project, and shall not be held liable for damages to human life and property which occurred in the process of the above subcontracted project, and the purport of this agreement is not to exclude the joint tortfeasor's liability for damages to the plaintiff et al. in light of the letter or logic that the purport of this agreement is not natural. Thus, while the original adjudication recognizes the liability of the plaintiff et al. for the tort in this case, even if the plaintiff et al. is liable for all accidents arising from the construction project in this case under the subcontract agreement between the plaintiff and the defendant, the defendant shall not be exempted from the liability without any evidence. Thus, the appeal shall be justified.

4. Therefore, the judgment of the court below is reversed, and the case is remanded to the Daegu High Court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)