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(영문) 대법원 2017.04.28 2014다82750
구상금
Text

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

1. As to the appeal regarding the claim for damages caused by tort, the Plaintiff filed an appeal against the selective claimant’s part of the judgment below regarding the claim. However, without stating the grounds for appeal, the appellate brief does not indicate the grounds for appeal.

2. As to the ground of appeal on the claim for reimbursement

A. As to the Plaintiff’s grounds of appeal Nos. 1 and 2 of the Defendants’ grounds of appeal, the joint tortfeasor support the joint and several liability in relation to the creditor. However, in relation to the joint and several liability, there are certain parts of the joint and several liability in relation to the inside of the joint and several liability, and this portion of liability is determined according to the degree of the fault of the joint and several liability. In a case where one of the joint and several liability joint and several liability has paid more than one of the joint

(2) In order to determine the ratio of the share of the tort and damages, external elements directly related to the accident or damage, such as the degree of negligence corresponding to the degree of the duty of care of each joint tortfeasor with respect to the occurrence or expansion thereof, shall be considered. Furthermore, in a case where there is a special internal legal relationship between the joint tortfeasor and a specific internal legal relationship, and if it is deemed that the elements that are based on the actual relationship are not taken into account, are against the principle of equity, such internal elements shall be taken into account. In certain cases, it may be restricted to exercise the right to indemnity within the extent deemed reasonable in light of the principle of good faith in light of the fair sharing of damages in light of the overall circumstances.

(See Supreme Court Decision 2000Da33607 delivered on January 19, 2001, etc.). Moreover, the court is free of examination of evidence by taking into account the entire purport of pleadings and the result of examination of evidence.

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