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(영문) 서울고등법원 2020.07.08 2019나2051704
손해배상(기)
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, in addition to further determination by the plaintiff (appointed party; hereinafter referred to as "the plaintiff") as to the matters alleged by this court as the main reason for appeal under Paragraph (2) below, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it shall be cited including abbreviations pursuant to the main sentence of

(However, the part concerning the co-defendant B, C, D, and E in the first instance court, which was separately determined, is excluded). 2. Additional decision as to the plaintiff's main grounds for appeal

A. The summary of the plaintiff's assertion is that the defendant is liable for damages to the plaintiffs as joint tortfeasor, since the defendant committed at least aiding and abetting the act of defraudation of investment funds by B, C and D by negligence.

In other words, the defendant has caused damages equivalent to the investment amount to the plaintiffs who did not recognize the risk of investment due to the negligence of actively soliciting investment to the plaintiffs while emphasizing the problems arising from investment in violation of the duty of care as an investment intermediary. Such defendant's act of attracting investment is an act of aiding and abetting and abetting objectively related to the act of defraudation of investment amount B, C, and D, and thus the defendant is liable for joint tort.

B. Article 760(3) of the Civil Act provides that an aided person or aided person shall be deemed a collaborative act, thereby imposing liability on an aided person as a joint tortfeasor. Aiding and abetting person refers to all direct or indirect acts facilitating a tort, and includes not only the case of commission but also the case of facilitating the commission of a tortfeasor due to omission by a person liable for an act who does not take various measures to prevent it. Aiding and abetting a tort, unlike the Criminal Act, is an interpretation of the Civil Act that, in principle, expresses negligence with the intention to compensate for damages.

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