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(영문) 서울고등법원 2016.03.18 2015나3596
손해배상
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

3...

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is reasonable, and thus, it is accepted by this judgment.

2. Judgment on the appellate court’s argument

A. Plaintiff (Appointed Party)’s assertion 1) The Defendant, a contractor, is not a non-party partnership or joint project proprietor, but is not a simple contractor in light of the following circumstances. Thus, the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) in the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”).

(2) Nevertheless, the Defendant is liable for aiding and abetting the instant multi-family housing project by intention or negligence (the instant multi-family housing project was actually impossible, but the Defendant did not inform the members of the fact that it was not actually impossible to implement the instant multi-family housing project).

In other words, the defendant should be held liable for joint tort together with B.

3) Specifically, the Defendant provided the following external appearance as the Defendant’s promotion of the instant apartment project to its members, including the Plaintiffs (Evidence Nos. 5-2, 36-2, 7-7, 65-2, and 8 of the A), and ② exercised the right to substantial management and supervision over B and the non-party partnership during the process of the instant apartment project (see Evidence No. 4-22, 23, 5-5, and 7 of the A-2), and ③ The Defendant cannot be deemed to have been in the position of ordinary market construction because he/she used the contributions deposited by its members as security for the existing loan claim against B while keeping the contributions deposited by its members in the account in the name of the Defendant. (b) If a person obligated to act under the relevant law fails to take various measures to prevent it, thereby facilitating the implementation of the illegal person’s act, pursuant to Article 760(3) of the Civil Act.

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