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(영문) 대법원 2017.12.05 2017다246906
구상금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The insurer of an insurance contract that covers one of the joint tortfeasors as the insured under Article 682 of the Commercial Act is established within the scope of the part of the liability of the other joint tortfeasor in the event that the insurer, who has concluded an insurance contract with the joint tortfeasor, has paid insurance money to the insured under Article 682 of the Commercial Act, and has paid the part of the insured's liability to compensate for damages to the victim of the joint tortfeasors. Since the insurer who has concluded an insurance contract with the joint tortfeasor directly bears the liability to compensate for damages under Article 724(2) of the Commercial Act in relation to the victim of the joint tortfeasors, if the insurer who has paid the damages to the victim in excess of the part of the liability to compensate for damages, and the insurer who has paid the damages to

(2) In light of the aforementioned legal principles, an employer may claim damages against an employee or claim reimbursement of damages against an employee only to the extent deemed reasonable under the good faith principle in light of the nature and scale of the business, status of the facility, details of the business, working conditions and attitude of the employee, causes and nature of the harmful act, the degree of consideration of the employer as to the prevention of harmful act or the distribution of losses, and other circumstances, in general, where the employer incurred direct damages due to the illegal act committed by an employee in relation to the performance of duties by an employee, or the third party as the result of the employer’s liability for damages to the employee, the employer may claim or claim reimbursement against the employee only to the extent deemed reasonable under the good faith principle in light of the overall circumstances, such as the degree of the employer’s consideration on the prevention of the harmful act or the distribution of losses, and

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