beta
(영문) 의정부지방법원 2015.05.08 2014나54626

청구이의

Text

1. The plaintiff assistant intervenor's appeal is dismissed.

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

purport.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the addition of the following Paragraph 2 above to the conclusion of Paragraph 3 of the judgment of the court of first instance, and therefore, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance

2. Furthermore, the part added by the Plaintiff’s Intervenor agreed to adjust all of the claim and obligation based on the instant judgment (final judgment on the loans rendered by the High Court Decision 2013Da11372) with the Defendant’s repayment of KRW 40 million between the Plaintiff and the Plaintiff, but may continue to enforce compulsory execution based on the instant judgment.

The defendant asserts that a large amount of money exceeding KRW 30 million is additionally collected or repaid to the plaintiff, while the plaintiff's intervenor as the plaintiff's intervenor suffered enormous damages along with the plaintiff, it is hard to recognize that there was a settlement agreement between the plaintiff and the defendant, as seen earlier, and it is difficult to deem that the above circumstances of the plaintiff's assertion by the plaintiff's intervenor are obviously unfair exercise of rights and therefore, it does not lead to the extent that it is impossible to allow the plaintiff's above abuse of rights. Thus, the plaintiff's assertion of abuse of rights by the plaintiff's intervenor is not accepted.

3. In conclusion, the judgment of the court of first instance is just, and the appeal of the plaintiff's assistant intervenor is dismissed as it is without merit. It is so decided as per Disposition.