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(영문) 인천지방법원 2016.07.08 2015나59092
손해배상(기)
Text

1. Defendant, among the parts against the Defendant in the judgment of the court of first instance, whose payments exceed the following amounts:

Reasons

1. The reasoning for the court’s explanation of the instant case is as follows: (a) the part against the Defendant, other than the following, is as stated in the reasoning of the part concerning the instant case; (b) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

C. 1) The scope of liability for damages caused by a tort should be taken into account as a matter of course in determining the scope of the tortfeasor’s liability when the victim was negligent with respect to the occurrence or expansion of damages caused by the tort. Even if the obligor did not assert the victim’s negligence, the court shall review and determine the scope of the tortfeasor’s liability ex officio where it is acknowledged as negligent in accordance with litigation materials. It is not permissible for a person who intentionally committed a tort using the victim’s care to claim for the reduction of his liability on the ground of the victim’s negligence. However, allowing a person with such reason for offsetting negligence against the principle of good faith. As such, it is against the good faith that allow some of the tortfeasor to claim for offsetting negligence to some of the tortfeasor, and thus, it does not mean that other illegal persons without such reason cannot assert for offsetting negligence (see, e.g., Supreme Court Decision 2013Da31137, Apr. 12, 2016).

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