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(영문) 전주지방법원 2016.08.17 2015나6336
구상금
Text

1. Of the claims against Defendant A in the judgment of the court of first instance, the following additional payments are ordered.

Reasons

The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, shall be "the defendant court" of first instance No. 7, No. 8 as "the defendant corporation", and the part concerning the specific amount of "(b)" of the judgment No. 7, No. 10, and No. 10, and No. 21, are as follows 2. In addition, the contents of the plaintiff's claims against the defendant full-time branch of the court of first instance are the same as those of the judgment of the court of first instance except for the rejection of the entries of No. 13, No. 16 (including the number of pages), and therefore, they shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act in order to exercise the right to indemnity upon mutual immunity between the parties to the compensation among the whole joint-time joint-offenders. In addition, where multiple victims or joint-offenders have different portions of the victim's liability in relation to each joint-offenders or joint-offenders, the relative relation between each victim should be determined differently.

(See Supreme Court Decision 200Da69712 Decided September 24, 2002, etc.). The fact that the Plaintiff paid the victims a total of KRW 316,985,060 as the insurer of B, who is a joint tortfeasor (i.e., the net G261,297,360 won, and the remaining victims of KRW 55,687,70) as damages, as seen earlier, can be acknowledged that the Defendant corporation paid KRW 50 million to the net G according to the evidence evidence No. 3, and as such, the Plaintiff and the Defendant corporation were jointly exempted, the Plaintiff may exercise the right to indemnity against the Defendant, who is a joint tortfeasor, in proportion to the degree of negligence.

With respect to the scope of the right to indemnity, the Defendant foundation shall pay to the Plaintiff the following amount of indemnity for each victim in accordance with the foregoing ratio of negligence by the Defendant foundation.

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