Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. The reasons why the court should explain this part of the judgment of the court of first instance are as stated in the corresponding part of the judgment of the court of first instance, except in the following cases, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure
2. The height of the judgment of the first instance court does not exceed 6, 15, 15, in the following cases:
“E. The Defendant asserted the claim for offset against the claim for reimbursement of offset, and the accident in this case occurred by the negligence of the deceased and the driver of the Defendant vehicle C, and the Defendant, one insurer of the joint tortfeasor, had agreed to grant joint immunity for the victim H (Defendant vehicle passengers) of the joint tort as follows. As the Plaintiff is liable to pay the share amount corresponding to the ratio of his/her negligence to the Defendant, the Defendant’s defense that the claim for reimbursement is offset against the amount equal to the Plaintiffs’ damage claim based on the aforementioned claim as the automatic claim, is seeking the deduction of the above claim for reimbursement, but it is evident that the Defendant is not a ground for direct deduction unless otherwise stipulated in a separate agreement or a statute.
The defendant's right to set-off shall be judged.
Therefore, the judgment of the joint tortfeasor is limited to the joint tortfeasor in relation to the creditor, but there is a certain portion of the joint tortfeasor's liability in relation to the internal relationship. The portion of the liability is determined according to the degree of negligence of the joint tortfeasor, and when one of the joint tortfeasor has paid more than part of his/her liability and has caused joint immunity, he/she may exercise the right to reimbursement against the other joint tortfeasor in proportion to the portion of the liability. In cases where the one of the joint tortfeasor is the victim at the same time, the other joint tortfeasor has paid damages to the third party who suffered damages due to the tort at the same time.