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(영문) 서울고등법원 2019.01.24 2018나2029908
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 reasoning of the judgment of the court of first instance cited the same part of the judgment of the court of first instance as the reasoning of the judgment of the court of first instance, except for the cases where the part of the judgment of the court of first instance, i.e., comparative negligence set-off and the part of the judgment of the court of first instance, i.e., i., i., e., e.,

2. Parts to be dried;

C. In cases where an obligor is liable to compensate for damages due to a obligee’s breach of contractual duty, the liability limitation and negligence set-off 1) can be limited in light of the principle of fair compensation for damages, taking into account the motive or circumstance leading up to the act, objective circumstance or degree of involvement in the occurrence and expansion of damages, and existence of profit accrued therefrom, etc. (see, e.g., Supreme Court Decisions 2013Da77355, Feb. 27, 2014; 2012Da8220, Apr. 10, 2014). Meanwhile, the liability set-off system under the Civil Act intends to take into account the obligee’s foregoing care in calculating the amount of damages in accordance with the principle of equity when the obligee fails to fulfill his/her duty required under the principle of good faith, and thus, it can be deemed that the obligee was negligent if the damages were incurred or expanded due to the occurrence or extension of the damages due to the act, and the extent of the liability for damages arising from the nonperformance of obligation should be determined by the obligee 3080.

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