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(영문) 대법원 2015.10.29 2014다75172
구상금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined.

In relation to the creditor, the joint tortfeasor is not liable for joint and several liability, but a certain portion of liability is provided in the internal relationship of the joint tortfeasor, and the portion of liability is determined according to the degree of negligence of the joint tortfeasor, and when one of the joint tortfeasor has paid more than one of his/her own share and has caused joint immunity, the other joint tortfeasor may exercise his/her right to indemnity in proportion to the portion of liability.

(1) The court below’s determination of the facts as to the ratio of fault in liability for damages constitutes an exclusive right of a fact-finding court, unless it is deemed that it is considerably unreasonable in light of the principle of equity. In addition, the court below’s determination of the ratio of fault in liability for damages constitutes an exclusive right of a fact-finding court.

For reasons indicated in its holding, the lower court determined that the ratio of liability of the contracting parties, the joint tortfeasor, to the occurrence of the instant defects, is reasonable to evaluate the Plaintiff 26% as the supervisor, Defendant 50% as the designer, Plaintiff’s Intervenor as the contractor, and Samdo Construction Co., Ltd. as 12%.

In light of the above legal principles and records, the above calculation of the liability ratio by the court below is within the scope acceptable and not considerably unreasonable in light of the principle of equity. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the principle of logic and experience

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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