Where the perpetrator compensates for any damage suffered by a third party due to a concurrent accident caused by the negligence of the victim and the perpetrator, whether the perpetrator can offset the victim with the right to claim reimbursement against the perpetrator.

If the negligence of the victim and the negligence of the perpetrator concurrently occur, and if the victim's negligence meets the requirements for tort liability due to the other party's breach of duty of care against the other party, the victim and the perpetrator are liable for the damages suffered by the third party due to the above accident, and if the perpetrator compensates for the damages, the perpetrator may exercise the victim's right to indemnity against the part to be borne by the victim according to the ratio of negligence. Thus, the perpetrator may offset the victim's right to indemnity

Articles 425, 496, and 760 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-sung, Attorneys Park Jae-young and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellee)

Jung-ray et al.

[Defendant-Appellee] Defendant 1 and 3 others

Seoul High Court Decision 90Na8352 delivered on November 29, 1990

The part of the judgment below against the defendant is reversed and that part of the case is remanded to the Seoul High Court.

The defendant's attorney's grounds of appeal are examined.

If the victim's negligence and the perpetrator's negligence conflict with each other, and if the victim's negligence meet the requirements for tort liability against the other party due to the other party's breach of duty of care, the victim and the perpetrator are liable to compensate for the damages suffered by the third party due to the accident, and when the perpetrator compensates for the damages, the victim can exercise the victim's right to indemnity against the part to be borne by the victim according to the ratio of negligence. Thus, the perpetrator can offset the victim's

According to the records, the defendant's legal representative on July 18, 1990 as stated on the fifth day for pleading of the court below, on the day for pleading of the court below, filed a lawsuit claiming damages against the defendant by the bereaved family members of the non-party Lee Young-young who died of the traffic accident of this case against Suwon District Court 89Da1550, Jun. 1, 1990, which ordered the above bereaved family members to pay the total amount of KRW 67,638,974, and its delay damages, which became final and conclusive at the end of business, since the defendant paid the principal, interest, and execution expenses of the above judgment which ordered payment on July 4, 1990. Accordingly, the defendant's legal representative on the above amount of money paid by the defendant to the non-party Lee Jong-young who was the victim of the traffic accident of this case, against the defendant's liability for compensation of this case equal to the damages of this case. According to the reasoning of the court below, the judgment below did not err in the misapprehension of the judgment as to the judgment below.

Therefore, the part of the judgment of the court below against the defendant is reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)