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(영문) 서울고등법원 2014.12.12 2014나2013950
구상금
Text

1. Plaintiff 1, among the parts against Defendant A of the judgment of the court of first instance, falls under the amount of additional payment order.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since it is stated in the reasoning of the judgment of the first instance except for partial revision as follows.

At the fifth bottom of the judgment of the court of first instance, "209Gahap250170" shall be amended to "2009Gahap25017".

Part 7 of the decision of the court of first instance shall be amended by “B Nos. 1, 2, 3, 5 through 9”, and “B” of the 12th part of the 12th part of the 7th part of the decision of the court of first instance to “B”, respectively.

At the bottom of the nine pages of the judgment of the court of first instance, the "Personal Examination Process" shall be revised to the "Personal Examination Results".

5 pages 14 of the decision of the first instance court shall be amended by “B No. 3 and 4”.

The 15th to 12th of the judgment of the first instance shall be amended as follows:

Article 2(2) of the State Compensation Act provides that the Defendants who are public officials belonging to the Defendants pursuant to Article 2(2) of the State Compensation Act and the Defendant’s damage compensation liability against the deceased’s bereaved family members shall be deemed to have joint and several liability under the State Compensation Act. The Plaintiff’s damage compensation liability for the deceased’s bereaved family members and the Defendant’s damage compensation liability for the Defendants of the deceased’s bereaved family members shall have different causes and nature. The provisions of Article 421 of the Civil Act on the absolute effect of extinctive prescription do not apply to joint and several liability (see Supreme Court Decision 97Da42830, Dec. 23, 1997). In addition, even if the Defendant’s damage liability for the deceased’s bereaved family members had already expired at the time of the Plaintiff’s payment to the deceased’s bereaved family members, the Plaintiff may exercise the Plaintiff’s right to indemnity against the Defendants. “2004Da71811, Jul. 5, 195”

The 17th judgment of the first instance court is 9,745.

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