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(영문) 대법원 2015.02.26 2014다231637

채권조사확정재판에 대한 이의의 소

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The principle of trust and good faith is an abstract norm that the parties to a legal relationship should not exercise their rights or perform their obligations in such a way as to be contrary to equity or trust in consideration of the interests of the other party.

In order to deny the exercise of rights for a reason that it violates the principle of trust and good faith, it should be given to the other party with good faith or objectively deemed that the other party has good faith, and such exercise of rights against the other party’s good faith should have to reach such an extent as to be unreasonable in light of the concept of justice.

(2) In light of the aforementioned legal principles and records, the court below’s decision is just in holding that the exercise of rights against the defendant of a bankrupt debtor’s mutual savings bank on the preceding day of the judgment is not contrary to the principle of good faith or the principle of equity. In so doing, the court below did not err by misapprehending the rules of evidence, failing to exhaust all necessary deliberations, failing to exhaust all necessary deliberations, contrary to the allegations in the grounds of appeal, thereby affecting the conclusion of the judgment.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.