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(영문) 서울중앙지방법원 2017.08.04 2017나20561
손해배상
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) except that the part of “claim against Defendant B” written between the fourth and fifth class 8 of the judgment of the court of first instance is written as stated in the reasoning of the judgment of the court of first instance; and (b) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. (i) Article 760(3) of the Civil Act regards a aiding and abetting a tort as a joint tortfeasor and imposes joint tort liability on the aiding and abetting person.

Assistance refers to all direct and indirect acts that facilitate tort. Aiding and abetting by negligence is possible in the area of civil law in which negligence is the same as that of an intentional act, in principle, for the purpose of compensating for damages. In this case, the content of negligence refers to a violation of the duty of care on the premise that there is a duty of care not to assist a tort.

However, in order to be held liable for joint tort as an negligent aiding and abetting another person’s tort, a proximate causal relationship between the aiding and abetting act and the victim’s damage should be acknowledged. In determining a proximate causal relationship, the reasonable causal relationship should be determined by comprehensively taking into account the predictability of the circumstances that facilitate the tort due to the negligent act, the impact of the negligent act on the occurrence of damage, the degree of contribution to the formation of the victim’s trust, and the degree of contribution to the victim’s own trust, etc.

(see, e.g., Supreme Court Decision 2015Da234985, May 12, 2016). Comprehensively taking account of each of the descriptions described in Shesheet, “A” 4 through 10, “A” 1-1, and “B” 1-2, Defendant B assists in sending her small child to overseas study.

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