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(영문) 창원지방법원 2018.09.13 2018나50113
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasoning of the judgment of the court of first instance is the same as that of the court of first instance

2. On the 5th page of the judgment of the court of first instance, the following judgments shall be added to the parts which are written or added.

“If an employer is liable for damages due to an intentional tort committed by an employee, as well as where an employer is liable for damages due to the negligent act committed by an employee, the scope of the employer’s liability may be limited by taking into account the fault of the victim in determining the scope of the employer’s liability. The fact-finding or determination of the ratio of comparative negligence or limitation of liability in a claim for damages arising from a tort falls under the exclusive authority of the fact-finding court, unless such determination is deemed considerably unreasonable in light of the principle of equity (see Supreme Court Decision 2012Da43553, May 14, 2015). According to the aforementioned facts and the purport of the entire arguments, the Plaintiff did not inquire of how the said amount was operated from each of the instant accounts to a third party’s account over a total of 23 occasions, and the Plaintiff’s request for the transfer of money to a third party’s account was not made by the Plaintiff’s request for the aforementioned personal remittance from each of the instant accounts to a considerable amount exceeding the amount of money.

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