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TITLE Supreme Court Decision 2013Da31137 Decided April 12, 2016¡¼Damages, etc.¡½ [full Text]
Summary
[1] Elements constituting a joint tort, and whether a joint tort may be recognized in cases where two or more persons are jointly involved in causing damages to another (affirmative)
Whether such legal doctrine is likewise applicable to cases in which one allows damages to persist by making it difficult or impossible to recover from damages arising from a specific crime as stipulated under the Act on Regulation and Punishment of Criminal Proceeds Concealment (affirmative)
[2] In cases where the victim¡¯s negligence is found based on the facts in front of the court, whether the court shall ex officio examine and decide on the same, even without the obligor¡¯s relevant pleadings (affirmative)
[3] In cases where some of the tortfeasors committed an intentional tort by taking advantage of the victim¡¯s negligence, whether a tortfeasor other than those implicated in such grounds may plead for comparative negligence (affirmative)
[4] Cases in which the liability for intentional tort by taking advantage of the victim¡¯s negligence may be limited based on comparative negligence and the fairness principle
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