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(영문) 서울남부지방법원 2018.10.11 2017나63922
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant B shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as follows: “The same purport as the above-mentioned paragraph (4) of the judgment of the court of first instance is deleted” in Articles 5, 3 and 4 of the judgment of the court of first instance; and, except for the higher portion as stated below, it is identical to the reasons why the judgment of the court of first instance is written in Article 420 of the Civil Procedure Act.

0 The term "domestic investments" in Part 3 of Part 4 of the first instance court decision (hereinafter omitted), the term "N division" in Part 3, the term "N division" in Part 7, the term "N" in Part 3, the term "O" in Part 5, the term "O" in Part 5, the term "C" in Part 5, the term "O" in Part 19, the term "Defendant C" in Part 6, the term "17 million won" in the Part 1 of Part 3, the term "17 billion won" in the Part 6, each of the Part 1, the term "1,70 million won", and the "C" in the Part 7, the Chapter 3 and the part 4, each of the Part 7, the term "Defendant C", the term "Defendant C", respectively.

2. The reason why the original defendant's assertion in this part is stated is as stated in Paragraph 2 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited by the main sentence of Article 420

3. Determination on the claim for damages against Defendant B

A. In the case of joint tort under Article 760 of the Civil Act, several persons jointly inflict damages on another person, the joint tort does not require any awareness of the actors as well as any joint tort: Provided, That if the joint tort is objectively related to the joint tort, the joint tort is established if the joint tort is sufficient, and if the tort is objectively related to the joint tort, the damage is caused by the pertinent joint act.

Joint tort refers to all direct and indirect acts that facilitate tort, and it is possible to assist by negligence as an interpretation of the Civil Act that considers negligence as a matter of principle for the purpose of compensating for damages, unlike the Criminal Act. In this case, the content of negligence has a duty of care not to assist tort.

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