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(영문) 청주지방법원 2019.07.11 2018나11849

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for adding the following 2.3. judgment to “3. judgment” under the text of Article 420 of the Civil Procedure Act. Thus, the court’s explanation as to this case is cited pursuant to the main text of Article 420

2. In addition, the Plaintiff asserts to the effect that “The act of the Defendant’s act of provisionally seizing the Plaintiff’s rent claim against the lessee as the right to preserve the loan claim against the Plaintiff (Cheongju District Court 2015Kahap6)” is a person whose rent claim against the lessee reverts to the Plaintiff. Nevertheless, the refusal of the Plaintiff’s claim on the premise that the rent claim belongs to the Defendant in this case is in violation of the opposite contractual terms or the principle of good faith. The principle of good faith is an abstract norm that the parties to legal relations should consider the other party’s interest and should not exercise the right or perform the duty by the contents or method of trust and trust, and thus, in order to deny the exercise of the right on the ground that it violates the principle of good faith, it should have been given to the other party, or objectively considering the other party’s trust and trust, and the exercise of the right against the other party’s trust and trust should have come to the extent that it would be acceptable in light of the concept of justice and justice (see, e.g., Supreme Court Decision 2013Da286381.

However, the plaintiff's filing of a provisional attachment as above is E.