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(영문) 서울고등법원 2018.05.30 2017나2019348
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment except for the following additions

2. Additional matters to be determined;

A. The construction companies of this case asserted that the plaintiffs violated Article 3 (1) of the Act on Labeling and Advertising concerning the third-stage landing bridge, and caused false or exaggerated advertisements.

However, although the Defendant could sufficiently anticipate that the instant construction company will publicize the establishment of the third-party landing bridge as an important factor in the advertisement of the instant apartment, it failed to prohibit the said construction company from advertising the contents of the establishment of the third-party landing bridge in an uncertain situation where the commencement of the third-party landing bridge has not been made, or to take measures such as presenting guidelines for the sale advertisement to the said construction company, thereby aiding or abetting the instant construction company’s act of false or exaggerated advertising.

According to the above defendant's joint tort caused by the defendant's negligence, the plaintiffs bear the sale price reflecting the construction cost of the third land landing school, but it is virtually impossible to specify the amount of such damages. Therefore, the defendant is obligated to pay the plaintiffs the monetary suffering by paying each money stated in the "amount of damages" column in the "amount of damages" column in the attached Form 2 of the purchase price of apartment units sold to the plaintiffs as compensation for damages.

B. Article 760(3) of the Civil Act provides that an aided or an aided person shall be deemed a collaborative act, thereby imposing liability on the aided or aided person as a joint tortfeasor.

Here aid refers to any direct or indirect act that facilitates a tort, as well as by commission.

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