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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court of the first instance’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for the following additional determination, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The portion to be judged additionally
A. The Defendant listens to the horses of Co-Defendant B (hereinafter “B”) of the first instance trial, which has no legal problem, and asserts that, without knowing that there was no permission from the competent authority with respect to the instant land, the Defendant dumped waste on the said land, and thus, the Defendant could not respond to the Plaintiff’s request.
In light of other evidence submitted in the civil trial, it is not possible to recognize the opposing facts unless there are special circumstances where it is difficult to adopt a factual judgment in the criminal trial in light of other evidence submitted in the civil trial (see Supreme Court Decision 92Da31453, Jan. 15, 1993), and one of the reasons in the first instance judgment.
The summary order for a violation of the Wastes Control Act against the defendant is finalized due to the criminal facts such as the statement of the facts acknowledged as a port. It is difficult to view that there are special circumstances where it is difficult to employ the criminal facts acknowledged in the above summary order only by the evidence
Therefore, the defendant's above assertion is not accepted.
B. The defendant asserts to the effect that B was unable to comply with the plaintiff's claim since B was the period for paying the fine imposed as above by the defendant on behalf of the defendant, and the defendant's civil liability is also borne on behalf of the defendant.
The liability for murder, joint tort does not individually seek damages from each individual act of the perpetrator, but is jointly done by the perpetrator.