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(영문) 서울고등법원 2016.12.01 2016나2039321
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except that part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance (Provided, That the part concerning defendant C and D, co-defendants of the court of first instance, is excluded), and this is accepted in accordance with the main text of Article 420 of the Civil Procedure Act

2. Parts to be dried;

(a)the following shall be added between conduct 2 and 3 of the first instance judgment:

Article 760(3) of the Civil Act imposes joint tort liability on an aiding and abetting person by deeming the aiding and abetting person as a joint tortfeasor. If an aiding and abetting person is held liable as a joint tortfeasor, there is a proximate causal relation between the aiding and abetting act and the victim’s damages. To do so, it should be determined in detail as to the circumstances that the aiding and abetting by negligence facilitate the relevant tort. Whether the aiding and abetting by negligence falls under such cases should be determined by comprehensively taking into account the impact of the aiding and abetting on the occurrence of damages, the degree of contribution to the formation of the victim’s trust, and whether the victim was able to prevent damage easily (see, e.g., Supreme Court Decision 2014Da23124, Jun. 24, 2015).

B. In light of the aforementioned legal principles and comprehensive view, the part of the first instance court’s second sentence “in light of the fact that it is difficult to see,” the evidence submitted by the Plaintiff up to the trial and the circumstances of the assertion are considered.”

(c)the following shall be added between conduct 6 and 7 of the first instance judgment:

As to this, the Plaintiff left the Defendant’s resident registration certificate, seal imprint, etc. to Co-Defendant C, who was the Defendant’s wife, and the documents related to the registration of the instant land, such as the registration right certificate, and the farmland ledger, at the house in which the Defendant was living.

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