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(영문) 부산고등법원(창원) 2015.11.05 2015나666
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "10.1003452087% of the "0.003452087%" in Part 8, 13, and 15 of the judgment of the court of first instance; and "10.103452087% of the "0.0.052087%" in part of the judgment of the court of first instance is as stated in the reasoning for the judgment of the court of first instance, except for adding the following judgments with regard to the assertion to supplement or add

2. Additional matters to be determined

A. The defendant's predictability or avoidance possibility 1) argues that the defendant not only did the defendant have failed to recognize C's criminal conduct in breach of trust, but also did not have predicted or avoided it, and thus the defendant cannot take any charge of aiding and abetting liability by negligence. 2) As aiding and abetting in joint tort refers to all direct and indirect acts that facilitate the tort, and the interpretation of the Civil Act that considers negligence as a matter of principle for the purpose of compensating for damages unlike the Criminal Act refers to aiding and abetting by negligence. In this case, the content of negligence refers to a violation of this duty on the premise that C has a duty of care not to assist the tort.

Supreme Court Decision 201 April 1, 2014

0. See Supreme Court Decision 2011Da72011, supra. In addition, the standard for the existence of negligence, which is the premise of the obligation to compensate for damages due to a tort, and the severity of such negligence, is not determined by the specific circumstances with respect to the individual, but should be determined by the standard for the degree of caution that can be a general general person. The above general person refers to an ordinary person who is not an abstract person, but engaged in such work and duties, and therefore, a person engaged in such work and duties shall be determined by the standard for the degree of caution that anyone can normally perform.

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