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(영문) 대법원 2020.08.20 2018다286284
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff, defendant X corporation.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 2 by the Defendant Z Co., Ltd. (hereinafter “Defendant Z”), the lower court rejected the Defendant Z’s assertion that the Plaintiff could not be liable for employers because the Plaintiff knew, or was unaware of, the fact that the instant fraudulent supply through a comprehensive agent did not constitute the act of performing the Defendant Z’s affairs.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on employer liability.

2. As to the ground of appeal No. 1 of the Defendant Z, the lower court rejected the Defendant Z’s assertion that Article 1.14(3) of the design service contract of this case cannot be interpreted as a provision exempting the Defendant Z from the liability for joint tort against the Defendant Z and its employees under the said provision, on the grounds as indicated in its reasoning.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles on the interpretation of

3. As to the grounds of appeal Nos. 1 of the Plaintiff and Defendant X Co., Ltd. (hereinafter “Defendant X”), and the ground of appeal No. 3 (related to the suspension of operation), the lower court acknowledged, on the grounds as indicated in its reasoning, proximate causal relation between the act of false delivery of the instant case and the suspension of operation of the Plaintiff A, O, and P B, and then deducted the planned prevention maintenance period from 93 days, which are the reasonable construction period necessary for the replacement of the instant cable, i.e., the period calculated by deducting the planned prevention maintenance period from 93 days, i., e., 90 days

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