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(영문) 부산고등법원(창원) 2015.07.09 2014나2276
손해배상(기)
Text

1. The judgment of the first instance, including any selective claims added at the trial, shall be modified as follows:

Reasons

1. The reasons why the court should explain this part of the judgment on the basis of facts and the claim for damages are the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

2. Determination on the claim for indemnity

A. In the case of joint tort under Article 760 of the Civil Act, several persons jointly causing damage to another person, the joint tort does not require any awareness as well as joint tort among the actors. However, if the joint tort is objectively related, it is sufficient if the joint tort is jointly related, and the damage is caused by the related joint act, and the damage is held liable for such joint tort (see, e.g., Supreme Court Decision 2001Da2181, May 8, 2001). In full view of the above facts of recognition and the circumstances leading up to the fraudulent loan of this case, the plaintiff and the defendants obtained a total of KRW 386,860,00 by deceiving a financial institution that is the victim in advance, under the name of the plaintiff, by deceiving the financial institution that is the victim, and the plaintiff and the defendants are liable for compensation for the damage sustained by the victim due to the fraudulent loan of this case pursuant to Article 760 of

B. The occurrence and scope of the right to indemnity 1) The joint tortfeasor is liable for non-joint and several liability in relation to the creditor, but there are certain joint and several liability in relation to the internal relationship among the joint and several tortfeasors, and the portion to be borne is determined according to the degree of negligence of the joint and several tortfeasors. When one of the joint and several tortfeasor has paid more than his/her share to obtain joint immunity, he/she may exercise the right to indemnity against the other joint and several tortfeasors in proportion to the share of the joint and several liability (see, e.g., Supreme Court Decision 200Da69712, Sept. 24, 2002).

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