손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons why the court should explain by the court of first instance for the acceptance of the judgment are as follows, except for the addition of the judgment mentioned in paragraph (2) below to the argument that the defendant emphasizes in this court, and therefore, the court of first instance cites it as it is in accordance with the main sentence of
2. Additional determination
A. On November 18, 2016, the Plaintiff asserted that the instant text message constitutes fraud. As such, the Plaintiff was aware of the Defendant’s property status prior to the Defendant’s exemption from the obligation or the declaration of intent to waive the obligation, and the Defendant’s act of borrowing money constitutes fraud, the said declaration of intent includes not only the declaration of intent to waive the obligation to exempt the obligation to pay a loan or the obligation to waive the obligation to compensate for damages arising from a tort
B. Determination 1) The waiver or exemption of a claim does not necessarily require an explicit declaration of intent, and even in cases where it can be deemed a waiver or exemption of a claim by an obligee’s act or a declaration of intent through the interpretation of an obligee’s intent, it shall be recognized. However, in order for such recognition, it shall be determined by strict interpretation of an obligee’s act or declaration of intent in accordance with the content of the pertinent legal relationship (see, e.g., Supreme Court Decision 2010Da40505, Oct. 14, 2010). The Plaintiff bears the burden of proving the waiver or exemption of a claim (see, e.g., Supreme Court Decision 2017Da206328, Aug. 24, 2017).